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

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CEU Approved | Pre Recorded | Best Sellers

  • 60 minutes

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 balks. 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 OwnersManagers & Supervisors

  • Leave Coordinators

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

Vanessa Nelson

Vanessa Nelson

Vanessa G. Nelson is founder and President of award-winning Expert Human Resources, which she founded to help companies maintain employment law compliance, avoid workplace litigation, maximize human capital, and reduce costs. Expert Human Resources has successfully saved businesses hundreds of thousands of dollars and has worked with multiple companies, including: McDonalds, Mass Transportation Authority, Muskegon Area District Library, Bedford Public Schools, and Old Newsboys.

Ms. Nelson received her Master of Science in Administration/Human Resources Management degree from Central Michigan University, and a Bachelor in Business Management from Northwood University. She holds the Certified Senior Professional in Human Resources (SPHR) credential from the Human Resources Certification Institute, SHRM-SCP from Society of Human Resources, and Certified Labor Relations Leader (CLRL) from Michigan State University.

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This webinar has been approved for 1 HR (General) recertification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute. “The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.”

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