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Curbing FMLA Abuse: How to Manage Manipulative Employees

Learn the ins and outs of FMLA and what you can do to minimize potential leave abuse.Compliance with the Family and Medical Leave Act (FMLA) can be an onerous task for employers and is only complicated by the potential for abuse of the law by manipulative, but also sometimes simply uninformed employees. Employers are all-too-often unaware of the avenues available to it in the event it suspects an employee is abusing the privileges afforded under the law. This topic will help employers, human resource professionals, office managers, and administrators implement appropriate FMLA procedures, identify warning signs of potential abuse by its employees and to take the steps necessary to root out and eliminate those instances of abuse. In addition, the material will help bring the human resource professional up-to-date on the most recent case law dealing with FMLA leave.


Runtime: 90 minutes
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

FMLA Basics

  • Covered Employers
  • Covered Employees
  • Permitted Reasons 12 Workweeks of Unpaid Leave for Following:

Birth of Child

Adoption of Child

Immediate Family Member

Employee's Serious Health Condition

Areas Prone to Abuse

  • Chronic Medical Condition
  • Intermittent/Reduced Schedule Leave

Medical Condition Must Be Best Accommodated Through Such Leave

Signs of Abuse

  • Previously Declined Vacation Request
  • Absences Coincide With Weekends/Holidays

Regularly Calling out on Assigned Days/Weekends/Shifts

Pattern of Requesting FMLA Leave Around Holidays or Events (Super Bowl)

  • More Absences Than Approved

Difficult to Prove Is Abuse

  • Activities That Conflict With Approval

Social Media Posts

Not With Supposedly Ill Family Member

Fact Patterns/Case Law Addressing Potential Abuse

  • Last-Minute Notice of Need to Take FMLA Leave
  • Absences That Exceed Certification
  • Combined Recuperation/Vacation Absence
  • Caring for Relative for Conditions Outside Scope of Certification

Tools to Combat Abuse

  • Written P&Ps/Usual and Customary Practices

Call-Outs

Uniform Request for Absence Form

Second Jobs

Attendance

Use of Script to Gain Pertinent Information From EE

  • Medical Certification

Verification From MD

Clarification From MD

Insufficient Certification

Recertification

2nd Opinions

Fitness-For-Duty Certifications

Best Practice Tips

  • Appropriate Controls in Place
  • Medical Certification/Recertification
  • 2nd Opinions
  • Look for Patterns
  • Address Non-FMLA Performance Issues
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More Program Information

Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on May 19, 2017.

Call 1-866-352-9540 for further credit information.

  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Timothy M. Medcoff

Timothy M. Medcoff

Farhang & Medcoff, PLLC

  • Partner at Farhang & Medcoff, PLLC
  • Defends clients in the areas of product liability, insurance claims, and medical, labor/employment and commercial litigation
  • Has comprehensive trial and litigation experience from investigating claims to defending pharmaceutical and medical device companies and tire, crane and heavy equipment manufacturers in liability and wrongful death matters; also worked with numerous insurers and national rental car companies in personal injury and wrongful death litigation
  • J.D. degree, cum laude, University of Arizona, graduate, University of Dundee, Scotland; B.A. degree, cum laude, University of California, Los Angeles
Adam T. Peterson

Adam T. Peterson

Farhang & Medcoff, PLLC

  • Attorney in the Employment and Commercial Litigation Group of Farhang & Medcoff, PLLC in Tucson, Arizona
  • Practice emphasizes all aspects of labor, employment and commercial matters
  • Conducts regular seminars and workshops on OFCCP and FMLA compliance
  • B.A. from the University of Arizona and J.D. from Marquette University
  • Can be contacted at 520-790-5433 or [email protected]
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 400279
Published 2017
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