The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division (FLSA) administers and enforces the 1993 Family and Medical Leave Act (FMLA) for all private, state and local government and some federal employees. This webinar will give you a detailed overview of the FMLA, review court cases to assist you on how to best manage your FMLA administration, discuss the impact of the 2009 FMLA amendment as well as discuss recommended forms to use.
The webinar will start by reviewing what employers are covered, eligibility of employees, what the leave entitlement is, maintenance of health benefits, job restoration, notice and certification requirements. Attention will be given to little known facts such as what qualifies as "consecutive service" or how to manage intermitten leaves. What constitutes a "serious health condition" and what the employer's obligation is regarding maintenance of health benefits and job restoration while on leave will be discussed.
Recent court cases and their outcomes will be discussed. Cases such as an employee on FMLA is discovered to have left the country for vacation and what the employer and employee rights are. A case involving a retaliation claim for reporting a work-lated injury will be discussed. A case involving a questionable FMLA request from an employee will be reviewed and when should an employer question and/or deny a FMLA request. Another case regarding an employee's claim to FMLA entitlement as a result of alcoholism will be discussed and how the outcome may impact how you will manage similar requests will be covered.
All this will provide the participants with first hand knowledge on how the courts are interpreting FMLA regulations. Professional pointers will be discussed regarding how to best position and protect your company from possible litigation and unnecessary fines.
The 2009 FMLA Amendment will be reviewed. The new regulation update will be discussed and clarify certain key issues to the original Act as will as provide guidance on the law's recent coverage for military family leave.
Clarification of key areas of the Act such as what constitutes a "serious health condition"; how are hours for time spent performing "light duty" counted against FMLA leave; how should earned paid leave be treated in conjuction with FMLA leave. Other key ares that have been clarified under the 2009 Amendment such as what are employer notice and employee notice obligations, how should the medical certification process work, should an employer require a fitness-for-duty certification, how should an employee designate leave as FMLA and what are the employee's waiver of rights - all will be discussed.
Finally, the National Defense Authorization Act of 2008 (NDAA) which is part of the 2009 FMLA Amendment which allows eligible employees to take a leave will be reviewed. Discussion will follow on how eligible employees can take up to 26 weeks of job-protected leave in a 12 month period to care for a covered servicemember with a serious injury or illness.
The webinar will conclude on recommendations what to include in your FMLA policy, what forms are best to use in communicating with employees that will cover all the requirements of FMLA and its Amenment.
Areas Covered In the Session:
Who will benefit:
- Overview of FMLA regulation
- Recent court cases relating to FMLA
- 2009 FMLA Amendment and its impact to FMLA administration for HR
- Recommended policy and forms to use for FMLA administration
- HR Generalists
- Benefit Managers
- Payroll Administrators