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Top Mistakes to Avoid When Dealing with Leave of Absence

Avoid liability by staying in compliant with leave of absence requirements.

Employers must comply with various leave laws promulgated by Congress, state legislatures, and municipal governments. These leave laws create a patchwork of overlapping protections for employees. Because of the myriad of leave laws, employers often make mistakes about when to provide leave, how to provide leave, the documents they must issue to formalize the leave, and the information that they may lawfully obtain in order to substantiate an employee's leave. These mistakes, which are often easily avoided, can create significant liability for an employer. This topic apprises employers have some of the common mistakes they make when handling employee leaves, and provides them insight on how they can avoid such mistakes in the future, which will minimize liability, conserve resources, and, in the long run, save employer's money.

Runtime: 94 minutes
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Over 32 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

Failing to Provide Appropriate Paperwork When Protected Leave Is Triggered

  • An Employer Could Expose Itself to Liability by Failing to Make a Timely Eligibility Determination or Falling to Provide Timely Notice to Its Employees
  • Knowing When There Is an Obligation to Notify an Employee That FMLA May Apply
  • The Employee Does Not Need to Specifically Request FMLA
  • Failure to Timely Notify Employees of Their Eligibility Status May Constitute Interference With, Restraint, or Denial of the Exercise of an Employee's Rights

Failing to Ask for Medical Documentation or Updated Medical Documentation

  • Once Employees Have an Absence Beyond the Expected Duration of the Condition Listed on the Certification, an Employer Should Obtain Recertification
  • Employers Have Rights When Medical Certification Is Unclear and Courts Penalize Employers Who Fail to Exercise Such Rights

Not Being Aware of (or Understanding) the Interplay Between Federal, State, Local Leave Laws

  • Federal, State, and Local Leaves May Run Concurrently or Consecutively
  • Employee May Not Be Entitled to Leave Under One Statute but May Be Entitled to Leave Under Another Statute

Failing to Count Paid Leaves Such as Short-Term Disability (STD) and Workers' Compensation Against FMLA Entitlement or Other Leave Entitlement

  • Failing to Run FMLA Concurrent With These Benefits Could Result in the Possibility of an Individual out for an Extended Period of Time Well Beyond the Maximum Allowed Under FMLA

Communicating With an Employee About Work While on Leave and Failing to Communicate With an Employee About His or Her Prospective Return Date to Allow for You to Provide an Necessary Accommodation

  • Employers Should Be Cautious About Contacting Employees on Leave Because It Could Be Perceived as Interference With the Leave, Retaliation, or Might Give Rise to a Claim for Violation of Wage and Hour Laws. Quick Phone Calls Likely Will Not Be Perceived as Interference
  • Before an Employee Returns From Work and Employer Should Contact the Employee in Writing to Facilitate or Expedite the Accommodation Process Under the ADA or Other Disability or Sick Leave Laws

Leaves and Reasonable Accommodations

  • An Extended Leave of Absence May Be a Reasonable Accommodation Under the ADA or State and Local Laws That Protect Against Disability Discrimination
  • Employee May Not Be Entitled to Leave Under the FMLA, but Allowing Employee to Take Such Leave May Be a Reasonable Accommodation Under State, Federal, or Local Law
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Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 9, 2019.

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

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  • 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).
     
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  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
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  • 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 1.6
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.6 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.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
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  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 94 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 1.57
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.57 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 self-study 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 A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
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  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
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  • 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.
     
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  • 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 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
     
  • 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 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 does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 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

Glenn S. Grindlinger

Glenn S. Grindlinger

Fox Rothschild LLP

  • Partner with Fox Rothschild LLP
  • Represents management in the full spectrum of labor and employment law matters; he regularly defends clients in single plaintiff cases and class actions involving claims of Fair Labor Standards Act (FLSA) and state wage and hour law violations
  • Routinely represents clients in federal and state courts and arbitration fora and before government agencies in cases alleging breach of contract and breach of restrictive covenant as well as age, race, national origin, gender, disability, sexual orientation and religious discrimination, harassment and retaliation; defends employers in a variety of labor disputes before the National Labor Relations Board (NLRB)
  • Practice is also preventative in nature; he counsels clients on day-to-day employment, wage and hour, labor relations and contractual matters as well as the employment law issues that arise in connection with mergers and acquisitions
  • Negotiates, drafts and revises collective bargaining agreements, employment contracts and severance agreements, employment law provisions to purchase sale agreements, restrictive covenants and noncompete agreements as well as drafts employee handbooks and training materials; regularly conducts wage and hour audits for Fortune 1000 companies, small businesses and nonprofits
  • Frequent writer and speaker on labor and employment issues
  • J.D. degree, New York University School of Law; B.S. degree, Cornell University; study abroad, University of Sydney, Australia
  • Can be contacted at 212-905-2305 or [email protected]
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Product ID: 406020
Published 2019
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