How to Deal with FMLA Abuse: Identify, Investigate, Deny, and Terminate!

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Duration : 60 min





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As per a recent study report, employers experience near to 30%absenteeism rate, due to FMLA abuse. Many employers often feel helpless with the ongoing changes in the FMLA regulations and conflicting court decisions. For instance, a fired Chase Manhattan Regional Manager won a federal jury verdict of more than $2.2 million in an employment discrimination suit alleging violation of the FMLA.

It becomes crucial for employers to deal with FMLA abuse and prevent unwanted penalties by accidentally violating the law. This session by our expert Vanessa Nelson will guide you about the upcoming changes in FMLA law and also talk about the strategies to identify, investigate, and terminate FMLA abusers.

She will focus on critical issues and areas including:

. Creating and/or updating full time and part time employee leave policy (For ex: An employee working for you on a part-time basis requests FMLA leave. He has worked at least 1500 hours during the previous 12-month period. Is he eligible as a part-time employee?)

. Coordination between FMLA and other leave policies (An employee requests FMLA leave;however, she wants to take unpaid leave and doesn't want her accrued vacation time used as part of the leave. Can your organization force her to use her paid vacation leave and count it toward FMLA leave?)

. Handling pregnancy, maternity and paternity leave quandaries (For ex: A husband and wife work for your organization and both request the full 12-week FMLA leave for the birth of their child. Are they both eligible for the full 12 weeks of leave?)

. Calculating employee leave entitlement, intermittent leave and eligible reasons for leave (For ex: How many extensions of leave is an employer legally obligated to provide after an employee exhausts FMLA leave)

Know the reason– Followed by Trivia Questions and Classic Examples:

. An employee on FMLA leave argues that you must continue paying her regular pay while she is on leave. Is she right … or are you in violation of the FMLA?

. An employee with an absenteeism problem continues to claim FMLA leave. Is this abuse by the individual or is he eligible for FMLA leave?

. An employee requests several weeks of FMLA for a serious health condition. Your organization requires that the employee provide a medical certificate from the healthcare provider and the employee walks. Does your organization have the right to require a medical certificate under the FMLA?

. Responding to an employee’s request for a new supervisor due to stress caused by the workplace

Benefit learning from this session:

. How and when to request certification

. Determining the appropriate “leave year” period to implement

. Which Health Care Providers are appropriate

. How to investigate suspected FMLA abuse and deal with FMLA abusers

. Right approach to deny FMLA request

. When to transfer an employee covered under FMLA

. Measures on terminating an employee on FMLA

Who Can Benefit From This Conference?

. HR Compliance Professionals

. HR Directors, HR Manager and HR Professionals

. Payroll Professionals

. Operation Manager

. President, Vice- President, Directors

. CEOs, CFOs & other top management

. Business Owners Managers & Supervisors

. Leave Coordinators

. Anyone who is involved with administering FMLA and interested in the law

 









































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