The publisher of your state's Employment Law Letter presents...

2011 FMLA Compliance Virtual Summit: Advanced Challenges and Solutions for Employers

• How do the EEOC's latest ADA regulations affect FMLA compliance?
• How does FMLA apply to substance abuse and mental health situations when an employee intentionally keeps such conditions secret?
• What pending legislation and regulatory changes that should concern employers?
• How does the Genetic Information and Nondiscrimination Act (GINA) affect FMLA documentation policies?
• What is considered FMLA leave fraud and what isn't
• When interactive process is required or allowed under the ADA
• And much more...

Get answers to these questions and dozens more at this intensive day-long webinar. You'll learn the latest techniques for addressing even the most complex leave situations, how to meet the new FMLA recordkeeping requirements, and how significant regulatory revisions have forever changed the way you should manage your leave policies.

Your Extended Webinar Agenda:

• Session 1: What’s New and Hot with FMLA
• Session 2: Managing Intermittent Leave and Controlling FMLA Abuse
• Session 3: Handling Suspected FMLA Leave Fraud
• Session 4: Navigating the Overlapping Requirements of FMLA, ADA, and Workers’ Comp
• Session 5: Return-to-Work Issues and Terminations
• Session 6: Handling Mental Health and Substance Abuse
• Session 7: In this informative Q&A segment, pose your toughest FMLA compliance questions to our expert faculty live via e-mail or Twitter.

2011 FMLA Compliance Virtual Summit: AGENDA

Session 1: 10:00 a.m.-10:30 a.m. (All times Central)
What’s New and Hot with FMLA

2010 brought big changes in the FMLA arena, from the EEOC’s new ADA and GINA regulations to the DOL’s recent extension of leave to cover children of same-sex parents. What do the latest changes mean for your organization? Learn how to adjust your policies and procedures in light of all the changes:

• How the EEOC’s latest ADA regulations may affect FMLA compliance
• How the Genetic Information and Nondiscrimination Act (GINA) affects FMLA documentation procedures
• How FMLA now applies to non-traditional family settings such as the children of domestic partners, extended family members who act as caregivers, and those who have temporary custody of a child during the parent’s absence

===============================================

Session 2: 10:30 a.m.-11:30 a.m.
Managing Intermittent Leave and Controlling FMLA Abuse

When employees repeatedly take intermittent leave for their own or a family member’s long-term health condition, it can be disruptive. You want to follow the law’s requirements, but you’re wary of employees gaming the system. Learn how to keep track of and verify an employee’s need for intermittent leave without triggering legal headaches.

• Policies and procedures to minimize intermittent leave problems
  - Concurrent leave
  - Moonlighting policy
  - Fraud policy
  - Call-in requirements/status reports
• Verifying the need for intermittent leave
  - Specific certification required
  - Medical necessity
  - Enforcing employee notice requirements
  - Requiring a doctor’s note for each absence
• Tracking intermittent leave
  - Minimum increments of leave
  - Scheduling foreseeable leave
  - Supervisor training and diligence required
• Challenging an employee’s need for intermittent leave:
  - Verifying and authenticating certifications
  - Second and third opinions
  - Recertifications and annual certifications
  - Verifying employee’s absence pattern with health care provider
• Transferring employees who use intermittent leave

===============================================
Break: 11:30 a.m.-11:45 a.m.
===============================================

Session 3: 11:45 a.m.-12:30 p.m.
Handling Suspected FMLA Leave Fraud

When does an employee’s behavior cross the line from FMLA abuse to fraud? And what additional strategies can you use to address suspected fraud? For example, what should you do about an employee who “coincidentally” requests leave every time there’s a big sports event in town? Or one who suddenly remembers he has a health problem after his request for vacation time is denied?

• What fraud is and isn’t
  - Working another job on leave
  - Activities that contradict (or don’t contradict) medical certification
  - Using leave for something other than the stated reason
  - Suspicious leave patterns
• Applying certification strategies to suspected fraud
• Investigations
  - The pros and cons of surveillance
  - Other evidence-gathering

===============================================
Extended Conference Break: 12:30 p.m.-1:15 p.m.
===============================================

Session 4: 1:15 p.m.–2:15 p.m.
Navigating the Overlapping Requirements of FMLA, ADA, and Workers’ Comp

With the recent changes to FMLA and ADA, much of what has been standard procedure can no longer be followed. In this session, learn how to navigate the new treacherous triangle, without losing your wits.

• Applicability of all three laws
  - When FMLA and ADA both apply
  - When FMLA and workers’ comp both apply
  - When all three laws apply
• The overlap between serious health conditions and disabilities, including the types of conditions that are likely to qualify as both 
• When an impairment might be a disability but not a serious health condition
• Other situations in which an employee may be eligible for leave under ADA but not FMLA
• Handling leave requests when the employee might be disabled, but hasn’t requested an accommodation 
• Offering other accommodations to disabled employees as an alternative to FMLA leave
• Concurrent leave: FMLA and worker’s comp
  - Paying other leave benefits while employee is receiving worker’s comp
  - Paid leave after workers’ comp runs out
• Additional leave and other accommodations after disabled employee has exhausted FMLA leave
• Leave to care for a disabled family member and “association” discrimination under ADA

===============================================

Session 5: 2:15 p.m.-2:45 p.m.
Return-to-Work Issues and Terminations

An employee’s FMLA rights don’t end when she returns to work. The law requires you to return her to an equivalent job with equivalent pay and benefits. In many situations, employees may want to return to work but be unable to return to their regular jobs. Here are strong procedures for dealing with an employee’s return to work or exhaustion of leave.

• Notice of intent to return to work
  - Timing of return to work
• Equivalent job, pay, and benefits
• Exceptions to reinstatement requirement
• Requiring a fitness-for-duty certification
  - Notice requirements
  - What type of documentation can be required
  - Intermittent leave
• Returning an employee to work with medical restrictions
• Offering light duty to an employee who is out of leave but unable to return to regular job
  - Reinstatement rights after light duty
• Terminating an employee who is unable to return to work

===============================================
Afternoon Break: 2:45 p.m.-3:00 p.m.
===============================================

Session 6: 3:00 p.m.-3:30 p.m.
Handling Mental Health and Substance Abuse

Administering FMLA leave can be particularly difficult when an employee suffers from a mental or emotional condition or has a substance abuse problem. Because employees frequently try to hide such conditions, your only notice that they need FMLA leave may be their conduct, attendance, or performance problems. In this session, learn how to handle these sensitive issues without being accused of discrimination or privacy violations.

• When absences caused by mental conditions or substance abuse qualify for FMLA protection
• Certifying FMLA leave for mental health or substance abuse when the employee doesn’t ask for it
• Avoiding regarding an employee as disabled in violation of the ADA
• When an interactive process is required or allowed under the ADA
• How communications with family members should be handled

===============================================

Session 7: 3:30 p.m.-4:00 p.m.
Your Toughest FMLA Questions Answered

Perplexed by an unusual FMLA leave request or problem? This session gives you the forum to have your FMLA questions answered. Our panel of experts will answer your FMLA questions and help you master the law’s intricacies -- and inconsistencies.

Your Extended Webinar Leaders

Attorney Charles S. Plumb with the law fim of McAfee & Taft represents management in all phases of employment law and labor relations. Much of his practice is dedicated to counseling employers on compliance with a broad range of state and federal employment laws and regulations and educating management on best practices for avoiding disputes arising from the employer/employee relationship. He also has extensive litigation experience before federal and state courts, regulatory and administrative agencies, and in arbitration matters involving claims of discrimination, wrongful discharge, retaliatory discharge, breach of contract, and constitutional law violations.

Stacie L. Caraway is a partner in the law firm of Miller & Martin PLLC and concentrates her practice in the areas of labor and employment. Ms. Caraway is currently part of a regional civil litigation team, which advises national franchises and other companies concerning general employment and labor law issues; and develops, reviews, and updates human resource policies, supporting contracts and materials. She also represents these companies in all local, state and federal legal proceedings including labor arbitrations, EEOC and state human rights commission investigations, settlement mediations and lawsuits throughout the United States.

Attorney Julie K. Athey is an HR Consultant with the Robert E. Miller Group in Kansas City, Missouri. Prior to becoming an HR Consultant, she wrote extensively on a variety of compliance issues for human resources professionals. Her publications include the manuals ADA Compliance: Practical Solutions for HR, FMLA Compliance: Practical Solutions for HR, HR Q&A: Family and Medical Leave Act, and newsletters on ADA compliance and FMLA compliance. She has also presented seminars and audio conferences on the topics of FLSA compliance and the interaction of the FMLA with the ADA and worker’s compensation laws. Julie graduated with honors from the University of Tulsa College of Law, where she was an editor of the Energy Law Journal. She also obtained her undergraduate degree in English, cum laude, from the University of Tulsa.
 

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

Ask Question

• Name *
  
  Email *
  
  Telephone
  
  Ask your question *
  

Security Check

Enter Security Code:

* Required Fields

Submit