Morning Focus: Master FMLA Essentials to Make Sure Your Knowledge Foundation is Up to Date
Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application
Lunch is included with your registration!
The 2020 FMLA Master Class: Texas will teach you how to apply essential Family and Medical Leave Act (FMLA) compliance principles to successfully navigate tricky FMLA-related compliance waters, so you can consistently make the right call as to FMLA eligibility, notice and medical certifications, how to control and prevent FMLA abuses, and overall avoid expensive mistakes that could lead to lawsuits and costly fines.
Employee leave management is one of the biggest ongoing challenges for HR professionals. There are voluminous Department of Labor (DOL) regulations to grapple with and a steady stream of new federal court rulings on FMLA interference and retaliation being handed down each year. Led by experienced labor and employment attorneys, this class provides intensive instruction to help you master real-life FMLA challenges with insights into recent rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—you’ll learn actionable examples on how to legally handle tricky FMLA issues that come up in daily work life.
This all-day workshop, which includes ample time for discussion, will provide you with comprehensive instruction on:
-New and existing FMLA regulations
-The latest FMLA-related court rulings
-How to solve every day FMLA administration challenges concerning:
leave requests and FMLA eligibility;
intermittent and reduced schedule leave;
employee performance issues and discipline;
how to count FMLA leave during holidays and plan for office shutdowns;
the intersection of FMLA with disability laws, such as the Americans with Disabilities Act and state workers’ compensation law;
-Master Class Agenda
Registration: 7:30 a.m.–8:30 a.m.
Part I—Mastering FMLA Fundamentals
FMLA Eligibility: FMLA Eligibility: Getting It Right
8:30 a.m.–9:00 a.m.
Establishing employee eligibility is the critical first step in administering FMLA leave And it’s a step that’s easily overlooked in the flurry of notices and certifications that follow a request for leave. But confirming that employees are eligible to take requested leave in the first place sets the foundation for a fair and consistently applied leave program.
This topic will also set the foundation for our program, as we’ll use this introductory session to briefly assess your current knowledge of FMLA fundamentals. We’ll also highlight recent trends and developments affecting leave and discuss how to proactively adjust your policies and practices to ensure compliance with the ever-changing regulatory, legal, and practical landscape.
A quick overview of FMLA basic requirements;
How to determine FMLA eligibility quickly and easily;
How the FMLA rules and related court decisions affect key definitions, such as who qualifies as a covered family member;
How to coordinate state and federal leave when covered family members differ; and
Recent trends and developments affecting leave.
Managing Serious Health Conditions and Medical Certifications
9:00 a.m.–10:00 a.m.
At the heart of many FMLA leave requests is the serious health condition. Whether the condition is the employee’s own or that of a covered family member, employers will often need additional guidance to assess whether a condition qualifies for FMLA leave. While the regulations do provide some assistance, the medical certification is a critical resource for employers here. Understanding your rights to request certification—and to delay or deny leave when certification is incomplete or insufficient—is an empowering tool in your leave toolbox.
The DOL has proposed revisions to several model forms, which employers nationwide often use to administer FMLA leave. This session will cover the latest updates concerning the DOL’s proposed revisions and the practical impact this development could have on:
WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition;
WH-380-F Certification of Health Care Provider for Serious Health Condition of the Family Member;
WH-381 Notice of Eligibility and Rights and Responsibilities;
WH-382 Designation Notice;
WH-384 Certification of Qualifying Exigency for Military Family Leave;
WH-385 Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave; and
WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
We’ll also discuss the process of requesting recertification in compliance with FMLA requirements, as well as the steps you must take if you wish to require a medical release for return to work (aka fitness-for-duty certification).
Tips and guidance for “gray area” conditions, including multiple concurrent conditions;
What to do when a medical certification is incomplete or unclear;
What to check when an employee wants leave to attend special education meetings for his or her child
Your options when an employee or doctor doesn’t cooperate with obtaining the required certifications;
When you may require employees to provide recertification of a serious health condition; and
The “do’s and don’ts” of return-to-work certifications.
10:00 a.m.–10:15 a.m.
Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims
10:15 a.m.–11:00 a.m.
The FMLA is ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and for determining how much leave employees have remaining in a given year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA usage—can help you prevent abuse of FMLA entitlements and fend off litigation. This session covers:
How to give the four kinds of FMLA notices
What to do if an employee refuses FMLA designation
Selecting the best FMLA leave year for your organization
Counting holidays that fall during leave
Rules regarding “making up” FMLA leave
Handling suspected FMLA abuse without running afoul of the law
How to manage employee leave without risking claims of interference
How to legally discharge employees who are on or just returned from FMLA leave
Mastering the Tough FMLA Issues
12:15 p.m.–1:15 p.m.
It’s one thing to grasp individual FMLA rules, but it’s another thing entirely to put those pieces together in the real world. For example, intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an FMLA investigation by the Department of Labor (DOL)? This session will help you learn:
How to manage intermittent and reduced-schedule leave
How to handle leave duration
How to calculate leave for fluctuating work schedules
The rules regarding substitution of various types of paid leave for FMLA leave
When employees have job reinstatement rights and when they do not
Tips on how to effectively manage an FMLA investigation by the DOL
Lunch (included with your registration)
12:15 p.m.–1:15 p.m.
All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws
12:45 p.m.–2:00 p.m.
The FMLA seems pretty comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. You need to know when other laws create different obligations—and how their requirements work in tandem with the FMLA. In this session, we’ll cover:
How the FMLA and the Americans with Disabilities Act (ADA) interact;
When you should offer leave as a reasonable accommodation under the ADA, including a discussion of ADA leave cases and agency guidance;
How to offer accommodations other than leave without violating the FMLA;
When you can require employees to take FMLA leave concurrently with workers’ comp leave; and
Recent developments in state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends.
2:00 p.m.– 2:15 p.m.
Part II—Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings
Applying Your Knowledge
2:15 p.m.–3:30 p.m.
During this highly interactive portion of the FMLA Master Class, your trainers, who are practicing labor and employment attorneys, will walk you through a series of scenarios demonstrating the real-life FMLA issues that stump even the most seasoned HR practitioners. You’ll have the opportunity to discuss issues with your trainers and fellow attendees to determine the correct course of action to take based on the facts presented and your knowledge of fundamental FMLA compliance principles.
Recent court rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop, with the goal of providing you with actionable insights into the tricky FMLA issues that come up in daily work life.
You’ll dive deep into:
1. Addressing issues with medical certifications and what to do when:
Certification submitted by the employee is not sufficient
The employee does not return the certification
The employee refuses to update the certification if the need for leave changes
The employee does not submit fitness-for-duty certification at the end of leave
2. Intermittent leave
Certification of the need for intermittent leave
Specific information on when leave is needed and the expected frequency and duration
What to do if an employee uses more leave than expected
Abuse of intermittent leave (Mondays and Fridays and/or before and after holidays)
3. Reduced-schedule leave
Certification and specific information on reduced hours and expected duration
Tracking leave time
4. FMLA during holidays and shutdowns
How to “count” FMLA leave during holidays
Administering FMLA leave during extended plant or office shutdowns
Determining whether an employee on FMLA leave during holidays is entitled to holiday pay
5. Addressing performance issues that arise before the request for leave
What to do when an employee requests FMLA leave in the midst of the disciplinary process or just before discipline or termination steps are taken
Addressing performance issues that arise during intermittent or reduced-schedule leave
Addressing performance issues discovered while an employee is on leave
Reductions in force while the employee is on FMLA leave
6. Return to work—what to do if an employee is:
Not able to return to work at the end of leave (ADA considerations)
Cleared to return to work with restrictions
Temporarily unable to perform essential functions
Unable to perform essential functions in the long term
Part III Final Questions and Closing
Final Questions and Closing
3:30 p.m.–4:00 p.m.
Have lingering questions about points raised during this intensive FMLA hypo-driven workshop, or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the attorneys before you wrap up for the day.
Your Dallas Faculty with Fox Rothschild LLP
Billy HammelWilliam (Billy) Hammel
Billy is a strategic advisor to employers on a range of employment law and labor relation matters, including compensation and benefits, workplace safety, corporate governance, officer and director liability, liability and risk management and best practice guidance.
Billy focuses on helping his clients avoid litigation through preventative counseling, compliance counseling and training, internal audits, investigations and damage control. When trial is unavoidable, he assists employers before administrative agencies and state and federal courts.
Additionally, Billy drafts and litigates employment agreements and restrictive covenants, trade secret agreements, independent contractor agreements, vendor agreements and corporate agreements.