Understanding the requirements for an employee to qualify for FMLA intermittent leave, knowing that certain employees may attempt to abuse the privilege, and having a system in place for keeping track of employee requests for intermittent leave may be the difference between “effectively managing” and being “managed by” the requests you receive for intermittent leave and its potential abusers. FMLA intermittent leave is one of the hardest parts of FMLA compliance. Still, employers are not exempt from complying with intermittent leave requirements just because it’s hard to always know what qualifies for intermittent leave. Minimizing the potential for abuse, however, begins with a strong understanding of the requirements and a good recordkeeping system for keep track of employee requests for intermittent leave. As simple as this sounds there are many areas where employers can get tripped up. For example, there are questions relating to: whether you can transfer an employee to another position that better accommodates intermittent FMLA leave, if employees are always entitled to intermittent FMLA leave, how to prevent intermittent FMLA leave abuse, etc. The best way to reduce the potential for FMLA intermittent leave abuse is to make sure you understand both the requirements and the common signs of employee abuse. This will go a long way to ensure that your organization is in compliance with the law’s requirements and that your employees are not abusing their leave privileges.
PROGRAM HIGHLIGHTS
Ms. Fleischer will cover:
- Intermittent leave requirements step-by-step
- The definition of a “serious condition” and strategies for getting an employee to provide notification to the employers
- When you can request physician certifications and second opinions
- When the employer may contact a physician directly
- What documentation you can ask the employee to provide before he or she takes intermittent FMLA leave
- Whether your FMLA policy includes language that best manages intermittent leave with the least workplace disruptions
- The 4 methods for counting the 12-month period such as the calendar year and rolling 12-month methods for calculating intermittent leave
- Tips for which method of calculating the 12-month period works best for the employer
- Required notifications from employees before they can take intermittent FMLA leave
- How to reduce FMLA intermittent leave fraud and abuse
About Our Speaker(s)
Melissa Fleischer Attorney at Law
Ms. Fleischer is a management-side employment attorney with 20 years of experience representing clients in employment law discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center, LLC offers training seminars, webinars, and consulting on a wide range of workplace and human resources issues. She is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her JD degree from the George Washington University School of Law.