• videocam Live Webinar with Live Q&A
  • calendar_month July 1, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Employment & Workers Comp
  • schedule 90 minutes

FMLA Intermittent Leave Challenges: Mitigating Interference or Retaliation Claims, Discouraging Employee Abuse

Creating Effective Leave and Transfer Policies, Challenging Medical Certification, Leveraging Defense Theories

About the Course

Introduction

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.

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.

Presented By

Bria M. Cochran
Attorney
Jackson Lewis P.C.

Ms. Cochran’s practice focuses on representing employers in workplace law matters, including preventive advice and counseling matters. She has experience litigating in federal court, state court and before administrative agencies, while also appearing regularly at arbitrations and mediations. Ms. Cochran has successfully handled cases involving claims of race, age, disability, and sex discrimination, as well as breach of contract, sexual harassment, retaliatory discharge, and wage-hour claims. Along with her strong litigation experience, Ms. Cochran also conducts sensitive workplace investigations. 

Teresa Burke Wright
Principal
Jackson Lewis P.C.

Ms. Wright provides practical business advice based on “best practices” and is a sought-after speaker and trainer on employment law topics. She is active in the firm’s Leave and Accommodation practice group. In that capacity, Ms. Wright acts as a regional and national expert on employee health and leave issues facing employers, including issues arising under the Family and Medical Leave Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and similar state and local laws, such as the D.C. Sick and Safe Leave Act and Maryland Healthy Working Families Act. She counsels employers daily regarding such employment issues as employee discipline and termination; discrimination and harassment; preparation of employment contracts; drafting personnel policies and handbooks; and investigation of employee misconduct. Ms. Wright is an expert on issues arising under the Americans with Disabilities Act, the Family and Medical Leave Act and similar state and local laws and is part of her firm’s task force on independent contractor misclassification.

Christian A. Yingling
Attorney
Jackson Lewis P.C.

Ms. Yingling uses her significant experience in complex civil litigation and employer representation to counsel clients and provide a critical edge throughout the litigation, pre-litigation, and dispute resolution processes. She works with employers of all sizes, providing each client with high-caliber guidance. Ms. Yingling’s experience in counseling provides employers with an edge with issues related to Title VII, Family and Medical Leave Act, the Americans with Disabilities Act, and state and federal employment law compliance. She is skilled in handling internal investigations, drafting employee handbooks, providing advice related to discharge and discipline practices, and answering compliance questions. Ms. Yingling’s clients leverage her knowledge and expertise to gain a competitive advantage and achieve strategic goals.


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


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, July 1, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. FMLA basics

A. Employee eligibility

B. Reasons for leave

C. Amount of leave

D. Requesting leave

E. Job restoration

F. State and local laws

G. Intermittent or reduced schedule leave

II. Managing medical certification

A. "Serious health condition"

B. Initial certification requirements

C. Incomplete or insufficient certification

D. Clarification and authentication

E. Second and third medical opinions

F. Recertification

III. Managing intermittent leave

A. Ensuring employee eligibility

B. The medical certification form

C. Carefully tracking leave

D. Notice and call-out procedures

E. Deviation from expected amount of leave

F. Strategies for combatting FMLA fraud or abuse

IV. Effective leave policies

A. FMLA policy

B. Notice and call-out

C. Employee location requirements

D. Working another job

E. Paid leave, workers' compensation, and short-term disability

F. New state and local paid family leave laws

V. Defense strategies for litigating FMLA claims

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?