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FMLA Certifications: How to Get the Medical Information You Need to Designate Leave and Decrease Abuse

FMLA Certifications: How to Get the Medical Information You Need to Designate Leave and Decrease Abuse

Product Code: YEWA033017

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FMLA Certifications: How to Get the Medical Information You Need to Designate Leave and Decrease Abuse

Live Webinar: Thursday, March 30, 2017

1:30 p.m. to 3:00 p.m. Eastern/10:30 a.m. to 12:00 p.m. Pacific

Recently, the Massachusetts Bay Transportation Authority announced it would fire 27 employees for attendance policy abuse. An analysis of FMLA leave patterns revealed 208 Friday call-ins during July and August—compared to just 68 Friday call-ins over the rest of the entire year. 

Does this case of Friday FMLA fraud sound familiar? Chances are, you’ve dealt with one or more cases of questionable FMLA leave yourself. But what can HR do about it? 

Medical certifications are a useful tool for assessing whether protected leave under FMLA should be authorized in the first place—and a very good way to help crack down on suspected abuse. 

Unfortunately, the certification process is far from straightforward, and the law limits your ability to question an employee’s intentions or request additional information. 

Join us on March 30 to learn how to master the key steps of requesting and interpreting FMLA certifications, including how to legally get the information you need from a healthcare provider—and even detect potential abuses of the system. 

You’ll learn: 

  • How to structure the use of medical certifications 
  • What you can ask for on a FMLA certification form 
  • When a second or third opinion is permissible under FMLA regulations 
  • What rights employees have during the FMLA certification process 
  • What to do if the employee provides an insufficient FMLA certification – or none at all 
  • How to handle employee use of intermittent leave under the FMLA 
  • How to address when an employee is chronically out on Mondays and/or Fridays 
  • Practical recommendations on preventing FMLA leave abuse in your workplace 

About Your Presenter:

Danielle GarciaDanielle C. Garcia, Esq. 
Associate 
Fisher Phillips LLP 

Danielle Garcia focuses on representing clients in all aspects of labor and employment law, including traditional labor relations management, harassment, and discrimination. She currently advises employers regarding proper FMLA practices to prevent costly litigation. Prior to her legal career, Danielle worked as a human resource generalist where she administered FMLA and managed complicated leave scenarios. She has also presented at BLR’s FMLA masters class in San Diego. 


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