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FMLA Compliance Update  

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Seminar Summary:

A good working knowledge of the FMLA is not enough. You need not only the very latest information on how court rulings and interpretations are changing your rights and obligations but also cutting-edge tools for applying the law decisively in your workplace.  (see full course description)

 
 

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Training Course Syllabus:


FMLA Compliance Update

In this seminar you´ll learn...

  • The very latest legal developments in the FMLA

  • What a "serious health condition" is and isn´t, according to recent court rulings

  • To manage intermittent leave and reduced-schedule leave confidently—and prevent employee abuse

  • To identify which law applies when leave laws overlap—FMLA, ADA or Workers´ Comp

  • And much more!

From recognizing what a serious health condition is as defined by recent court decisions ... to gaining control of intermittent leave ... to coordinating leave under the ADA, Workers´ Comp and other overlapping legislation ... a "good working knowledge" of the FMLA is not enough. You need not only the very latest information on how court rulings and interpretations are changing your rights and obligations but also cutting-edge tools for applying the law decisively in your workplace. The answer? Our new regulatory update workshop—FMLA Compliance Update. In one day, you´ll quickly gain the detailed knowledge and in-depth understanding you need to confidently and correctly administer leave under the FMLA´s evolving rules—both now and in the future. This is important training you can´t afford to miss.


WORKSHOP AGENDA

Program hours: 9:00 a.m. – 4:00 p.m.

Up-to-the-minute court developments that impact how employers administer the FMLA

  • A valuable overview of changing FMLA requirements—and what the new rules are

  • Key areas of the law being scrutinized by the courts

  • Keep in step with how federal courts are rewriting the FMLA rules—and affecting your day-to-day decisions

  • Update on the Department of Labor´s plans to propose a rule revising FMLA regulations—what to expect and when

  • What´s ahead? Preparing for future FMLA changes and challenges


Identify the latest employer designation and notification "hot spots" and how they impact you

  • Your employer notice obligations ... given recent court interpretations of the Supreme Court´s Ragsdale Decision

  • "Serious health conditions"—how the courts are making it more difficult than ever to decide what qualifies and what doesn´t

  • How the definition of "work site" is creating complications for employers and employees alike

  • NEW: If the employee doesn´t ask for "FMLA leave," you don´t have to give it—true or false?

  • How to correctly calculate the tricky "12-month period" under the FMLA

  • Keeping employees informed of how much leave they´ve used and how much is left—the way the law requires


Properly require medical certifications and recertification's—under the latest rules

  • Grasping the changing definition of "health care provider"—who qualifies now?

  • How to lawfully proceed when you have questions about the validity of an employee´s medical certification

  • When paid leave is substituted for unpaid leave—how your right to request medical information changes

  • Specific things to consider when an employee refuses to give you permission to gain additional medical information

  • Resolving conflicting medical opinions—your options when health care providers don´t agree

  • How to spot holes you may not even realize exist in your recertification practices

 

Stay informed of the latest twists in administering intermittent and reduced-schedule leave

  • Gain firm guidelines on handling the many questions that can arise when granting intermittent leave

  • When Department of Labor auditors come knocking—will your intermittent-leave record keeping pass the test?

  • When you may have to extend FMLA beyond 12 weeks

  • The power of clear communication between employees and their managers in minimizing FMLA scheduling problems

  • Guidelines for deciding which days or hours to use for intermittent and reduced-schedule leave

  • Certain conditions that must be met before transferring an employee using intermittent leave to another position

 

Manage the changing legal realities of reinstating returning employees

  • When it is your absolute right to refuse to restore an employee to an equivalent position

  • Return-to-work medical certificate issues that managers are most apt to mishandle

  • How to sort through all the confusing issues when restoring employees to their previous positions

  • Is it really an "equivalent" position? Why it´s important you get this right

  • The special case of key employees: Do you understand your rights and obligations—and theirs—regarding

 

Discipline—and terminate, if necessary—employees under the FMLA

  • Planning to terminate an employee under FMLA leave? What you need to know first

  • The importance of keeping the FMLA out of negative employment decisions

  • Unique disciplinary situations that can arise under the FMLA—and their practical solutions

  • A problem employee requests FMLA leave—does that change your plans to terminate him?

  • Solutions for dealing with employees on FMLA leave who "moonlight"

  • How to adequately protect yourself from retaliation claims

 

Coordinate leave under the FMLA and other overlapping laws

  • The ADA? Workers´ Comp? State laws? Why navigating overlapping laws is one of the toughest problems for managers

  • A helpful rule of thumb to follow when deciding which leave law applies when

  • How an employee can have a "serious health condition" but not be covered for a disability under the ADA

  • When Workers´ Comp leave may count against an employee´s FMLA leave
  • P
  • regnancy and the FMLA: Strategies that will get you through every tough situation
  • Why you need to know about the "interactive process" under the ADA

  • Re-examining your light-duty policies and options

 

Avoid the biggest mistakes managers make in mastering their changing responsibilities under the FMLA

  • Administering the FMLA in today´s workplace—a 10-point checklist for managers

  • 2 areas where supervisors are most likely to be held personally liable for FMLA violations

  • What courts that have addressed the issue of "individual liability" are finding

  • An examination of privacy, medical information and how to curb future problems as an employer

  • Where to turn to find the latest court decisions and opinions you need to stay on top of


CREDITS

CPE Credits: 6

Seminar Time:

Seminar Check-In:  8:15AM  Seminar Program:  9:00AM - 4:00PM

Seminar Summary:

A good working knowledge of the FMLA is not enough. You need not only the very latest information on how court rulings and interpretations are changing your rights and obligations but also cutting-edge tools for applying the law decisively in your workplace.  (see full course description)

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