Leave Abuse under FMLA, ADA and Workers’ Comp: How Employers Can Deal with the Most Outrageous Excuses

Instructor: Janette Levey Frisch
Product ID: 704368
  • Duration: 120 Min

recorded version

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This 120-minute training program will focus on employee leave abuse under FMLA, ADA, and Workers’ Comp. It will help participants get a working knowledge of how an employer can minimize a company’s exposure to employee abuse of family and medical leave.

Course "Leave Abuse under FMLA, ADA and Workers’ Comp: How Employers Can Deal with the Most Outrageous Excuses" has been pre-approved by HRCI as eligible for 2 credits towards a participant's recertification upon full completion.
“The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program”.

Buy the complete series - "FMLA , ADA/ADAAA and Workers Comp - Laws, Leave Abuse and Crafting Policies for Leave Management"

Why Should You Attend:

If you attended our webinar on Employee Leave under FMLA, ADA and Workers Compensation, then you now have a good understanding of how one or even all of these laws may apply to your employee’s request for a leave of absence. (If you missed that webinar, click here to register and download the recording.) You are now ready to move on to an issue of great concern to many employers: employee leave abuse.

Suppose one or more of your employees has taken a leave of absence, and your company or department is buckling under the added stress—and you suspect that one or more of those employees may be taking advantage, and may not really be in need of family or medical leave – or may even not be entitled to it – what can you do? You can curb employee leave abuse. But how do you do it?

This webinar is the second in our series on employee leave, and it will help you get a working knowledge of how you can minimize your company’s exposure to employee abuse of family and medical leave – be it under the FMLA, ADA, or workers’ comp or other applicable family and medical leave laws.

Life Science or Non-Life Science - Oh My! FMLA, ADA and Workers' Comp Overlap Guidance for all Employers - Part 1 click here

Can you answer the questions below?

  1. An employee with an absenteeism problem continues to claim FMLA leave. Is this abuse by the individual or is he eligible for FMLA leave?
  2. An employee asks for intermittent leave, but has exhausted his FMLA leave time, and seems, more often than not to “need” time off on Fridays and Mondays? Do you have to allow intermittent leave under these circumstances: Is it leave abuse? What can you do about it?
  3. An employee was injured on the job, has refused light duty work and insists s/he needs time off from work. Do you have to agree to it?
  4. In order to prevent abuse of intermittent leave for claimed medical treatment, your company would like to institute a policy that employees must provide a doctor’s note that s/he is fully healed. Is that legal?

If you answered "I'm not sure" or "I don't know" to even one question, then you need to attend this program to keep yourself and your organization out of FMLA/ADA and Workers Comp trouble.

Don't just assume that you're doing it right or that you know enough to get by. Get a true understanding of the law and be confident that your organization and its policies are fair, compliant and consistent.

Areas Covered in the Webinar:

  • The difference between someone with a “serious health condition” under the FMLA and a “qualified individual with a disability” under the ADA/ADAAA
  • Use of medical inquiries to determine coverage under the FMLA and the ADA/ADAAA
  • Notification requirements under FMLA and ADA/ADAAA
  • Reinstatement requirements under FMLA and ADA/ADAAA
  • Situations where the FMLA and ADA/ADAAA may overlap
  • Intermittent leave requests under FMLA and the ADA/ADAAA
  • Terminating an employee who has exhausted FMLA leave time without running afoul of the ADA/ADAAA
  • Documentation and meeting guidelines
  • Case laws and/or emerging issues
  • Best practices
  • Issues of particular concern to health care/pharma/life sciences professionals and businesses

Who Will Benefit:

This webinar will provide valuable assistance to all companies, not-for-profits, school districts, governmental agencies and pseudo governmental agencies. Those that would benefit most would be:

  • Executives
  • Managers and Supervisors
  • Risk Managers
  • Benefit Specialists
  • Supervisors
  • Business Owners
  • General Managers
  • Controllers/ CFOs / Financial Managers
  • Human Resource Managers / Administration
  • HIPAA Officers
  • Privacy Officers
  • Health Information Managers
  • Healthcare Counsel/Lawyers
  • Office Managers

Instructor Profile:

Janette Levey Frisch, founder of The EmpLAWyerologist Firm, is an employment/HR attorney with over 20 years’ legal experience. Ms. Frisch is a legal wellness professional for employment practices and workforce challenges. She works with employers to craft solid employment practices wellness plans tailored to address a company’s needs and concerns. Ms. Frisch offers consultations and legal services on virtually all federal and NJ and NY state employment law issues.

Topic Background:

These three seemingly different bodies of law often intersect in a way that leaves many employers scratching their heads. What are the eligibility/coverage criteria under the FMLA and the ADA/ADAAA and workers comp? When might an extended leave be a reasonable accommodation? When might it be an undue hardship? Undue hardship can mean different things to different employers. If you are in health care, pharma, banking and finance, to name a few examples, accommodations of leave requests that may be feasible for many other employers, might, for you, be an undue hardship. If it’s not deemed an undue hardship are there steps you can take to mitigate the burden(s)? What are the notice requirements? In this webinar, you will get answers to these and many other questions.

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