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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Thursday, February 29, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide employment counsel with the tools necessary to discourage employee abuse of intermittent leave while maintaining FMLA compliance. The panel will review considerations for leave and transfer policies, discuss when and how to challenge medical certifications, outline defense theories in case of a retaliation or interference claim, and more.

Faculty

Allyson K. Thompson
Partner
Kaufman Dolowich

Ms. Thompson focuses her practice on all aspects of employment litigation including Fair Employment and Housing Act and Title VII claims including race, national origin, age, gender, sex discrimination, sexual harassment, hostile work environment and retaliation, wrongful termination in violation of public policy, whistleblower actions, and breach of contract claims. In addition to litigation, Ms. Thompson provides all aspects of employment advice and counsel to employer clients, including preparation and assessment of multistate employee handbooks, audit and compliance review of existing company policies and procedures, complete on-boarding advice including employee classification analysis, handling disability issues and navigating clients through the interactive process. She frequently lectures to statewide business organizations as well as to private businesses and associations on strategies to avoid employment related litigation, wage and hour issues, discrimination, preparation of key employment documents, and legislative changes to labor laws.

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Ryan T. Neumeyer
Member
Mcdonald Hopkins LLC

Mr. Neumeyer is a member in the Litigation Department’s Labor and Employment Practice Group. He came to McDonald Hopkins after 10 years at a boutique labor and employment firm.





Mr. Neumeyer has the distinction of being a Certified Specialist in the practice of labor and employment law by the Ohio State Bar Association. He represents and counsels management on a variety of employment law matters, such as employee leave, overtime, disability accommodations, termination and layoff decisions, and workplace injuries. Mr. Neumeyer is a frequent lecturer on employment law topics. Earlier in his career, he was an appellate attorney for the Office of the State Appellate Defender in Chicago and an extern for the Honorable Alice M. Batchelder, United States Court of Appeals for the Sixth Circuit.

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Description

One of the most daunting challenges employers face is preventing abuse of FMLA intermittent leave. Employers must navigate a delicate balance between discouraging abuse and avoiding claims of interference or retaliation.

Employers have at their disposal various approaches to ensure FMLA claims are legitimate. One important technique involves the medical certification process, and employment counsel must guide clients on when to require and/or challenge medical certifications and how to do so.

Counsel should also guide employers in developing effective leave policies that include provisions on paid leave and the consequences for fraudulent FMLA claims. An employer's failure to correctly implement these and other strategies may result in litigation and adverse rulings.

Listen as our distinguished panel reviews techniques to limit and handle abusive FMLA intermittent leave claims. The panel will provide counsel with best practices to develop and implement effective leave strategies, maintain FMLA compliance, and prepare defense theories in interference or retaliation claims.

Outline

  1. Managing medical certification
    1. FMLA regulations
    2. Certification requirements employers may demand
    3. Recertification
    4. Demand for second and third medical opinions
  2. Effective leave policies
    1. Paid leave
    2. Call-in
    3. Employee location requirements during leave
    4. Misrepresentation and the honest belief defense
  3. Transfer of position
  4. Effective investigation techniques
  5. Defense strategies for litigating FMLA claims

Benefits

The panel will review these and other key issues:

  • What techniques can employers utilize to discourage FMLA intermittent leave abuse?
  • How can counsel guide employers in balancing abuse prevention strategies with FMLA leave requirements?
  • What are the essential substantive components of effective leave and medical certification policies?
  • How can counsel or employers conduct legally defensible investigations into questionable intermittent leave requests?