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Live Webinar

90-minute live streaming program
  • August 17
  • 1:00 - 2:30 pm EST

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OnDemand Webinar

Understanding Serious Health Conditions Under FMLA

August 17

Obtain a firm understanding of what is a serious health condition under the FMLA and how it interplays with the ADA.

The federal Family Medical Leave Act is a relatively dense statute with denser regulations that cannot be navigated safely with common sense alone. One of the most challenging aspects of FMLA administration is determining whether or not an employee (or a qualifying family member) even has a ‘serious health condition' that can support leave in the first place. The initial process of gathering the information needed from workers and their medical providers can often range from a minor annoyance to a major headache, and properly analyzing that information once in hand can be equally challenging. During this topic, seasoned employment litigators and counselors will demystify what does and doesn't ‘count' as a serious health condition and discuss the rules and strategies that come into play when management communicates with employees and medical providers about the nature and extent of those conditions. At the end of the day, your organization's basic FMLA challenge is to avoid the exposure from employees claiming they did not receive leave to which they were entitled while simultaneously avoiding the obstacles to productivity that result when an employee is extended statutorily-protected benefits that they do not truly deserve. This information will help you walk that tightrope by better understanding the fundamental concepts and rules behind the medical conditions that do and don't support FMLA leave.

Learning Objectives

- You will be able to describe the six recognized categories of serious health conditions that may qualify your employees for FMLA leave.

- You will be able to explain not only when you need ‘more information' in support of an FMLA leave request, but also what and the safest and best way to get it.

- You will be able to recognize FMLA certifications that are ‘good enough' and those that need further scrutiny.

- You will be able to review your FMLA administrative process for opportunities to increase efficiency, effectiveness, and consistency.

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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

Understanding the Concept and Theory Behind Serious Health Conditions (and When They Do and Don't Matter)
  • What the Regulations Define – and What They Don't
  • What Medical Providers Are "Qualified" to "Diagnose" a Serious Health Condition?
The Paper Chase – Pinning Down Whether or Not a Serious Health Condition Exists
  • The Beginning – Understanding When FMLA Must Be Offered (Particularly When an Employee Hasn't Asked)
  • The Middle – Evaluating and Interpreting Employees' Certification Paperwork
  • "The Maybe" - Seeking Missing Information, Authentication, Clarification, and Second (and Third) Opinions
  • The End(?) – Determining When a Serious Health Condition Is Resolved and When the Employee Can Return to Work
Tricky Issues and Recent Cases of Note
  • Practical and Legal Considerations for "Close Calls"
  • Guarding Against Fraudulent Claims – How to Handle When Social Media, the Rumor Mill, etc. Suggest No Health Condition Really Exists
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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.

Credits

OnDemand Webinar

No credit available.

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This 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.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.5 hours of continuing professional education.
     

Who should attend?

This live webinar is designed for human resource managers, payroll and benefits professionals, employee relations managers, business owners and managers, presidents, vice presidents, controllers and attorneys.

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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.

Faculty

Gregory P. Abrams

Gregory P. Abrams

Faegre Baker Daniels LLP

  • Counsel at Faegre Baker Daniels LLP
  • Practice focuses on defending companies in employment litigation, including representing employers in complex, classwide and systemic litigation
  • Deep experience in defending against class and collective actions under the Fair Labor Standards Act (FLSA), Title VII and Section 1981, including defeating class certification and prevailing on the merits
  • Regularly defends employers in a full range of employment cases, including claims under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Employee Retirement Income Security Act (ERISA), and other state and federal anti-discrimination, wage and hour, and anti-retaliation laws
  • Represented employers in jurisdictions throughout the country, as well as before the Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor, and other state and local agencies
  • Also counsels clients on matters involving criminal background checks, covenants not to compete, wage and hour law laws, drug and alcohol testing, and employee discipline and termination; his practice includes working with organizations to create separation agreements and releases, employee handbooks, and other employment policies
  • Wrote multiple publications and presented on a variety of employment law issues, including in particular on wage and hour law developments and compliance
  • J.D. degree, University of Chicago Law School; B.A. degree in economics and political science, summa cum laude, University of Pennsylvania
Joseph C. Pettygrove

Joseph C. Pettygrove

Faegre Baker Daniels LLP

  • Partner in Faegre Baker Daniels LLP's national labor and employment team, counseling and representing management in a wide variety of labor and employment matters
  • Represents clients in federal and state courts as well as before the Equal Employment Opportunity Commission (EEOC) and other agencies regarding issues under: National Labor Relations Act (NLRA); Title VII; Family Medical Leave Act (FMLA); Americans with Disabilities Act (ADA); Age Discrimination in Employment Act (ADEA); Fair Labor Standards Act (FLSA); Covenants not to compete; Wage/hour claims; Wrongful discharge claims and Unemployment matters
  • Regularly provides day-to-day counseling on compliance issues, independent contractor arrangements and all aspects of the employer-employee relationship; he creates and reviews employment agreements, employee handbooks and other personnel policies with an eye toward ensuring both legal compliance and operational and strategic flexibility
  • Offers customized client training in areas such as FMLA and ADA compliance, EEO/anti-harassment training, employee/contractor classification, performance management and Indiana's unemployment compensation system; he has also co-developed and assisted clients with the implementation of FMLA compliance manager software
  • J.D. degree, magna cum laude, Indiana University Robert H. McKinney School of Law; B.S. degree, summa cum laude, Ball State University
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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.

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Product ID: 400735
Published 2013, 2017
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