Administering FMLA Intermittent Leave

It is important, if not critical, for Employers to have an in-depth understanding of the Family Medical Leave Act (FMLA) and how it impacts their company. The ability to manage the idiosyncrasies of the processing of FMLA and how one processing failure can result in thousands of dollars in fines & penalties, auditing by the Department of Labor (DOL), cost of investigations, loss of productivity, and the cost of misuse by employees. In addition, statistics show that over 61% of Employers have difficulty managing FMLA leave and intermittent leave.

When you add the complexities of other new mandatory regulations like leave regulations, reasonable accommodation and currently or soon to be legally effective, the possibility of FMLA overlapping with the American with Disabilities Act (ADA), the increase of discrimination claims and wrongful termination allegations by employees, it is no wonder that this long time leave process is an administrative nightmare for Employers.

Many Employers are confused about what to do if an employee requests additional leave to manage their illness or their family member’s illnesses. Should Employers extend the unpaid leave on a case-by-case basis or should they limit those decisions across the board? Additionally, when does the ADA supersede FMLA? Are there reasonable accommodations that can be offered? Does the Employer risk violations when making these decisions?

Areas Covered:-

• What are the challenges with employee on FMLA leave who do not pay for their benefits?
• Is extended leave part of the ADA's reasonable accommodations requirements?
• How can the DOL assist with FMLA extensions?
• How do employer policies impact decisions on FMLA extensions?
• How can Employers protect themselves against FMLA retaliation when deciding not to extend FMLA for employees?
• What is the best way to accommodate employees without impacting your company?

Learning Objectives:-

• How does the DOL manage FMLA extension requests?
• How should HR professionals manage FMLA extension requests?
• What about third-party administrators (TPA) if you outsource your FMLA Administration?
• How does the ADA regulate decisions about reasonable accommodation requests?
• What policies should be in place to mitigate allegations of retaliation?
• What policy will decrease your risk when you integrate it with your Employee Handbook?
• What if you need to terminate an employee after they complete their 12-week FMLA leave?
• How can the Employer protect itself from hard decisions in rejecting FMLA extension requests?

Who Should Attend:-

• Employers with over 50 employees or close to 50 employees
• Small business owner
• HR professionals
• Compliance professionals
• Office Managers
• Supervisor/Managers
• Payroll professionals
• Accounting Professionals
• Tax Professionals
• Benefit Professionals
• Compensation professionals.