This document summarizes a presentation on controlling intermittent leave under the Family and Medical Leave Act (FMLA). The presentation covered FMLA basics like covered employers and employees, types of leave, and basic protections. It then discussed intermittent and reduced schedule leave in more depth, including medical necessity, calculating intermittent leave hours, and alternative positions. The presentation also addressed notice requirements, healthcare provider certifications, and strategies employers can use to prevent intermittent leave abuse. It concluded with a question and answer session.
With all of the regulations and forms, FMLA can be very confusing to understand and comply with. The overlapping State and Federal laws, eligibility qualifications, and process requirements make FMLA into a complicated regulation, but with the right information it doesn’t have to be a headache. Join KPA’s Human Resource Advocate, Kim Kavanagh, as she helps to take the mystery out of FMLA. Kim will delve into:
• Employer responsibilities
• Employee eligibility
• What documents are required and when
• Overlapping State and Federal Laws
• The intricacies of FMLA
F.U.N. slides Family and Medical Leave Act (FMLA)gwhumanresources
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slide on FMLA http://gwhumanresources.com/slides/
With all of the regulations and forms, FMLA can be very confusing to understand and comply with. The overlapping State and Federal laws, eligibility qualifications, and process requirements make FMLA into a complicated regulation, but with the right information it doesn’t have to be a headache. Join KPA’s Human Resource Advocate, Kim Kavanagh, as she helps to take the mystery out of FMLA. Kim will delve into:
• Employer responsibilities
• Employee eligibility
• What documents are required and when
• Overlapping State and Federal Laws
• The intricacies of FMLA
F.U.N. slides Family and Medical Leave Act (FMLA)gwhumanresources
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slide on FMLA http://gwhumanresources.com/slides/
The Impact of FMLA and ADA Compliance on EmployersSedgwick
Presentation at DMEC 2013
Denise Fleury Sedgwick
Barbara LaRocque Pepsico
Letitia gallman Delta Airlines
Ellen Shelnutt SunTrust Banks Inc.
Deborah Jacobs Southern California Edison
This presentation reviews - how to determine employee eligibility, what are the qualifying reasons to take FMLA, notice requirements when employee requests leave, what coverage must continue while employee is on leave, and what if employee does not return from leave.
Fort Worth employment lawyer Adam Kielich presents five FMLA myths employees often wrongly believe. Learn more about what FMLA doesn't protect so you can better use your FMLA rights for what it does protect. Learn more with this presentation and then visit http://kielichlawfirm.com for more information.
This is a complete guide to FMLA, including qualifying factors, notice requirements, certification, calculating and tracking leave, employer responsibilities, and additional resources.
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year for family and medical reasons to eligible employees at employers with 50 or more employees.
Under FMLA, employees are entitled to return to their same or an equivalent job at the end of their FMLA leave and retain their group health insurance coverage. FMLA also provides certain military family leave entitlements for eligible employees.
Navigating the top fmla concerns evergreenjaybrodsky
Administering FMLA leave is a constant challenge for HR professionals. Determining what to do in situations involving intermittent leave, serious health conditions, notice obligations and overlapping leave policies can be time-consuming and, if handled incorrectly, can place you at risk for a lawsuit.
Be prepared! In this 90-minute webinar, attorneys Dana Connell and Michael Congiu of Littler Mendelson will explain what you need to know to navigate the complicated issues that can arise when administering FMLA leave.
Americans with Disability Act Family Medical Leave Act Workers' Compensation:...Jim Cowan
This Presentation covers the Family Medical Leave Act ("FMLA"). Topics covered include:
• Intermittent Leave or Reduced Leave Schedule
• Transfer to an "Alternative Position"
• Reinstatement & Equivalent Position
• Limits on Reinstatement Rights
• Overview of the ADA
• Conflicts between the ADA and FMLA
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
This presentation covers:
• When do employees ask for FMLA leave?
• What must an employer do to comply with FLMA?
• Review of the required forms and procedures for compliance
State and Federal Labor Law Posters
The Michigan Chamber has consolidated ALL of the required notices on four attractively printed and laminated 18x24 sheets. Our posters are always up-to-date as we have staff in constant contact with each of the issuing agencies and departments.
Michigan & Federal Labor Law Poster Set
$49.00 first-time customers
$29.00 renewal rate within 12 months for returning customers
The Michigan Chamber of Commerce consolidates all of the mandatory state and federal notices in their required sizes on four 18x24 attractively printed and laminated sheets.
Thousands of Michigan companies trust the Michigan Chamber for their labor law poster needs.
I was part of a panel and did a presentation at Marsh & McLennan in NYC last week. The topic was on reducing workers' compensation costs and I spoke on understanding the interplay between the WC law, ADA and the FMLA.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
29th Annual Parsons Behle & Latimer Employment Law Seminar - 2017 Salt Lake City, Utah.
There are times employers have to allow intermittent leave under the law, but managing intermittent leave can be a very tricky issue. Christina discusses ways employers can legally deal with the administrative headaches and avoid abuse.
The Impact of FMLA and ADA Compliance on EmployersSedgwick
Presentation at DMEC 2013
Denise Fleury Sedgwick
Barbara LaRocque Pepsico
Letitia gallman Delta Airlines
Ellen Shelnutt SunTrust Banks Inc.
Deborah Jacobs Southern California Edison
This presentation reviews - how to determine employee eligibility, what are the qualifying reasons to take FMLA, notice requirements when employee requests leave, what coverage must continue while employee is on leave, and what if employee does not return from leave.
Fort Worth employment lawyer Adam Kielich presents five FMLA myths employees often wrongly believe. Learn more about what FMLA doesn't protect so you can better use your FMLA rights for what it does protect. Learn more with this presentation and then visit http://kielichlawfirm.com for more information.
This is a complete guide to FMLA, including qualifying factors, notice requirements, certification, calculating and tracking leave, employer responsibilities, and additional resources.
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year for family and medical reasons to eligible employees at employers with 50 or more employees.
Under FMLA, employees are entitled to return to their same or an equivalent job at the end of their FMLA leave and retain their group health insurance coverage. FMLA also provides certain military family leave entitlements for eligible employees.
Navigating the top fmla concerns evergreenjaybrodsky
Administering FMLA leave is a constant challenge for HR professionals. Determining what to do in situations involving intermittent leave, serious health conditions, notice obligations and overlapping leave policies can be time-consuming and, if handled incorrectly, can place you at risk for a lawsuit.
Be prepared! In this 90-minute webinar, attorneys Dana Connell and Michael Congiu of Littler Mendelson will explain what you need to know to navigate the complicated issues that can arise when administering FMLA leave.
Americans with Disability Act Family Medical Leave Act Workers' Compensation:...Jim Cowan
This Presentation covers the Family Medical Leave Act ("FMLA"). Topics covered include:
• Intermittent Leave or Reduced Leave Schedule
• Transfer to an "Alternative Position"
• Reinstatement & Equivalent Position
• Limits on Reinstatement Rights
• Overview of the ADA
• Conflicts between the ADA and FMLA
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
This presentation covers:
• When do employees ask for FMLA leave?
• What must an employer do to comply with FLMA?
• Review of the required forms and procedures for compliance
State and Federal Labor Law Posters
The Michigan Chamber has consolidated ALL of the required notices on four attractively printed and laminated 18x24 sheets. Our posters are always up-to-date as we have staff in constant contact with each of the issuing agencies and departments.
Michigan & Federal Labor Law Poster Set
$49.00 first-time customers
$29.00 renewal rate within 12 months for returning customers
The Michigan Chamber of Commerce consolidates all of the mandatory state and federal notices in their required sizes on four 18x24 attractively printed and laminated sheets.
Thousands of Michigan companies trust the Michigan Chamber for their labor law poster needs.
I was part of a panel and did a presentation at Marsh & McLennan in NYC last week. The topic was on reducing workers' compensation costs and I spoke on understanding the interplay between the WC law, ADA and the FMLA.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
29th Annual Parsons Behle & Latimer Employment Law Seminar - 2017 Salt Lake City, Utah.
There are times employers have to allow intermittent leave under the law, but managing intermittent leave can be a very tricky issue. Christina discusses ways employers can legally deal with the administrative headaches and avoid abuse.
Assignment 2 Required Assignment 1—The FMLA in PracticeThe Family.docxMerrileeDelvalle969
Assignment 2: Required Assignment 1—The FMLA in Practice
The Family and Medical Leave Act (FMLA) was enacted in 1993 and entitles eligible employees of employers covered under it to take unpaid, job-protected leave for specific family and medical reasons. During this leave, group health insurance coverage continues under the same terms and conditions applicable if the employees had not taken leave.
You may access the latest rules covered under the FMLA at the following Web site:
U.S. Department of Labor. (n.d.)
Wage and Hour Division (WHD): Family Leave and Medical Act
. Retrieved from
http://www.dol.gov/whd/fmla/
In this assignment, you will analyze the FMLA policy of an organization to understand the policy's role and importance in employee management.
Tasks:
Click
here
to access and read a portion of the employee handbook of Widgets Inc. that outlines the company's FMLA policy statement. Analyze the handbook on the basis of FMLA guidelines. Identify a minimum of five errors or oversights that relate to the FMLA and list their solutions in a separate document.
In addition, in the same document, include answers to the following questions:
What are three alternative methods of calculating twelve weeks of leave within a twelve-month period? Which method do you believe is the best and why?
An employee should give as much notice as possible to his or her employer. The Department of Labor suggests a minimum notice of thirty days. What if an employee needs emergency FMLA leave? Is the employee still allowed to take FMLA leave, although he or she was unable to give the thirty-day notice?
What are the legal ramifications if the same position is not available to an employee on his or her returning from FMLA leave?
During an employee's FMLA leave, Widgets Inc. downsizes and closes the department in which the employee works. What will happen to the employee? What are the legal ramifications?
Submission Details:
Save your final document as M3_A2_Lastname_Firstname.doc and, by
Wednesday, February 1, 2017
, submit it to the
M3: Assignment 2 RA 1 Dropbox
.
Assignment 2 Grading Criteria
Maximum Points
Identified a minimum of five errors or oversights on the basis of the FMLA policy and suggested practical solutions for each.
56
Evaluated alternative methods of calculating twelve weeks of leave within a twelve-month period.
32
Explained the stand of the FMLA policy if an employee needs emergency FMLA leave without giving the thirty-day notice.
24
Explained the legal ramifications if the same position is not available to an employee on his or her returning from FMLA leave.
24
Explained the legal ramifications if a company downsizes and closes the department in which the employee works during the employee’s FMLA leave.
24
Wrote in a clear, concise, and organized manner; demonstrated ethical scholarship in accurate representation and attribution of sources; displayed accurate spelling, grammar, and punctuation.
40
Total:
200
WIDGETS FAMILY LEAVE HANDBOOK.
Family Medical Leave Act (FMLA) Attorneys - Mansell Law Columbus OhioGreg Mansell
Columbus Family Medical Leave Act (FMLA) attorneys representing clients in Ohio in FMLA discrimination, FMLA retaliation, & interference with FMLA rights.
Leave Under the Family and Medical Leave Act The Family and Me.docxSHIVA101531
Leave Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 8 workweeks of unpaid leave for certain family and medical reasons during a 6 month period. During this leave, the employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, the employee, subject to some exceptions, generally has a right to return.
Employee Eligibility Criteria
To be eligible for the FMLA leave, an employee must have been employed by the Company:
· For at least twelve months (which need not be consecutive)
· For at least 90 days during the twelve-month period immediately preceding the commencement of the leave
· At a work site with fifty or more employees or where fifty or more employees are located
Events That May Entitle an Employee to the FMLA Leave
The FMLA leave may be taken for any one, or for a combination, of the following reasons:
· A "serious health condition"
· The birth of a child
Limitations of the FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within twelve months after the birth or placement of the child.
When both spouses are employed by the company, they are together entitled to a combined total of twelve workweeks of the FMLA leave within the designated twelve-month period for the birth, adoption, or foster-care placement of a child with the employees, for aftercare of a newborn or a newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to an additional FMLA leave for other FMLA qualifying reasons (that is, the difference between the leave taken individually for any of the above reasons and twelve workweeks, but not more than a total of twelve workweeks per person).
For example, if each spouse took six weeks of leave to care for a newborn child, each could later use an additional six weeks of leave due to his or her own serious health condition or to care for a child with a serious health condition.
An Intermittent or a Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time. Reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as to not disrupt the company’s operations unduly. When an employee takes an intermittent or a reduced work schedule leave for a planned medical treatment, the company may temporarily transfer the employee to an alternative position with the equivalent pay and benefits for which the employee is qualified and which better accommodates the recurring periods of leave.
Requests for the FMLA Leave
An employee should request for the FMLA leave by completing the Employer's Request for Leave form and submitting it to t ...
Leave Under the Family and Medical Leave Act The Family and Me.docxsmile790243
Leave Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 8 workweeks of unpaid leave for certain family and medical reasons during a 6 month period. During this leave, the employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, the employee, subject to some exceptions, generally has a right to return.
Employee Eligibility Criteria
To be eligible for the FMLA leave, an employee must have been employed by the Company:
· For at least twelve months (which need not be consecutive)
· For at least 90 days during the twelve-month period immediately preceding the commencement of the leave
· At a work site with fifty or more employees or where fifty or more employees are located
Events That May Entitle an Employee to the FMLA Leave
The FMLA leave may be taken for any one, or for a combination, of the following reasons:
· A "serious health condition"
· The birth of a child
Limitations of the FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within twelve months after the birth or placement of the child.
When both spouses are employed by the company, they are together entitled to a combined total of twelve workweeks of the FMLA leave within the designated twelve-month period for the birth, adoption, or foster-care placement of a child with the employees, for aftercare of a newborn or a newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to an additional FMLA leave for other FMLA qualifying reasons (that is, the difference between the leave taken individually for any of the above reasons and twelve workweeks, but not more than a total of twelve workweeks per person).
For example, if each spouse took six weeks of leave to care for a newborn child, each could later use an additional six weeks of leave due to his or her own serious health condition or to care for a child with a serious health condition.
An Intermittent or a Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time. Reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as to not disrupt the company’s operations unduly. When an employee takes an intermittent or a reduced work schedule leave for a planned medical treatment, the company may temporarily transfer the employee to an alternative position with the equivalent pay and benefits for which the employee is qualified and which better accommodates the recurring periods of leave.
Requests for the FMLA Leave
An employee should request for the FMLA leave by completing the Employer's Request for Leave form and submitting it to t ...
HR Webinar: HR Professional’s Role in Managing Leave of AbsenceAscentis
Requests for leaves of absence rank among the most frequently encountered challenges faced by the HR professional because employers must contend with a patchwork of employee-friendly statutes, including federal, state and local leaves – it’s important to understand how these leaves coordinate because they often contain overlapping and sometimes conflicting employee rights and employer obligations.
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
• Highlight the crucial benchmarks, observable changes, in ensuring fulfillment of customer needs
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
In the Adani-Hindenburg case, what is SEBI investigating.pptxAdani case
Adani SEBI investigation revealed that the latter had sought information from five foreign jurisdictions concerning the holdings of the firm’s foreign portfolio investors (FPIs) in relation to the alleged violations of the MPS Regulations. Nevertheless, the economic interest of the twelve FPIs based in tax haven jurisdictions still needs to be determined. The Adani Group firms classed these FPIs as public shareholders. According to Hindenburg, FPIs were used to get around regulatory standards.
1. A Division of Thompson Media Group
On Again, Off Again: Can You Control
Intermittent Leave Under the FMLA?
Sponsored by Thompson Publishing Group
October 19, 2011
Presented by
Peter A. Susser
Littler Mendelson, P.C.
Washington, D.C.
www.thompsoninteractive.com
2. FMLA Basics
Covered Employers
– 50 (or more) employees
for 20 or more calendar
work weeks
Eligible Employees
– Employed for at least 12 months
– Worked 1,250 hours in the previous 12 months
– 50 employees within 75 miles
2
3. FMLA Basics
Family Leave
– Serious health condition
of child, parent or spouse
– Birth, adoption, or
placement of child in
foster care
Medical leave
– Serious health condition of employee
Covered service-member leave
– Qualifying exigencies
– Care for covered service-member with a serious injury
or illness
3
4. The Basic Protections
12 weeks of job-protected leave
– 26 weeks to provide care for covered service-members
with covered conditions
Reinstatement to the same or an equivalent
position
Maintenance of healthcare benefits on the same
basis as normally provided during periods other
than FMLA leave
4
5. How Much Leave?
Other than service-member care, an
employee may take 12 workweeks of
leave during any 12-month period for
most covered conditions
An employer may choose how to calculate the 12-
month period
• calendar year
• fixed period
• measured from first leave request
• “rolling” 12-month period
5
6. FMLA –
What Kind of Leave?
Block Leave
– A single period of leave taken once
Intermittent Leave
– FMLA leave taken in separate blocks of time due to a
single qualifying reason
Reduced Schedule Leave
– a leave schedule that reduces an employee’s usual
number of working hours per workweek or workday
6
7. Intermittent Leave/
Reduced Schedule Leave
When permitted, and for what purposes? (29
C.F.R. § 825.202)
Medical necessity
– Employee’s own serious health condition
– To care for a covered family member with a
serious health condition
– To care for a covered service-member with a
serious injury or illness
Distinction for leave after birth or placement of a
child
Qualifying exigency leave (without limitation as
best way to accommodate condition)
7
8. Intermittent Leave
Scheduling of intermittent leave
– Requirements applicable to employees
with respect to planned medical
treatment
•Generally, must attempt to schedule
leave so as not to disrupt the
employer’s operations. See 29 C.F.R.
§ 825.203.
8
9. Intermittent Leave
Alternative position?
Possible under FMLA, but some stringent
limitations (See 29 C.F.R. § 825.204)
– New position must provide equivalent pay and benefits
and better accommodates the employee's intermittent
or reduced leave schedule
– Cannot be instituted to discourage use of leave or to
retaliate for the exercise of this right
9
10. How Do We Calculate Intermittent
FMLA Leave?
Only the amount of leave actually taken may be
counted toward the leave entitlement to which
an employee is entitled. 29 C.F.R. §825.205.
If an employee’s schedule varies from week to
week, a weekly average of the hours worked
over the 12 weeks prior to the beginning of the
leave period would be used for calculating the
employee’s normal workweek. 29 C.F.R.
§825.205(b).
Impact of overtime. 29 C.F.R. § 825.205(c).
10
11. The FMLA and FLSA:
Is it permissible to make deductions for
hours not worked?
If the employee is non-exempt, the employer
may pay the employee only for hours worked.
If the employee is exempt, the employer may
deduct pay from the employee’s salary for any
hours taken as intermittent or reduced-schedule
leave without jeopardizing exempt status under
the FLSA (but check relevant state laws).
11
12. Intermittent Leave Following a
Continuous Period of Absence
Propriety of intermittent leave after weeks off?
– Leave time still available?
– Does certification justify?
– Child-care intermittent leave at Company discretion
12
13. Notice Requirements –
Employer Obligations
General Notice (employee handbook, poster and/
or upon hire)
Eligibility Notice
“Rights & Responsibilities” Notice
Designation Notice
Timeframe for provision of Notice by Employers
13
14. Notice Requirements – Employee
Obligations
Employees must follow the employer’s usual and customary
call-in procedures for reporting an absence (absent unusual
circumstances)
Except for emergency situations, where employee becomes
aware of a need for leave, expectation that notice of the
need will be provided either the same day, or the next
business day
– One-to-two business days for notice in prior regulations
had been misinterpreted as permitting such delay, even
if earlier notice practicable
– See Opinion Letter FMLA2009-1-A (January 6, 2009)
14
15. Healthcare Provider’s
Certification
Components of healthcare provider’s certification – See 29
C.F.R. § 825.306
Should Include:
– The date on which the serious health condition
commenced
– The probable duration of the condition, and
– A statement that the employee is unable to perform the
functions of the position because of the condition
Where providing care for a family member, an estimate of
the amount of time that the health care provider believes
the employee needs to care; and
A statement that the serious health condition warrants the
participation of a family member to provide care during a
period of the treatment or supervision.
15
16. Additional Certification Requirements
for
Intermittent Leave
The medical necessity for this kind of leave;
The expected duration of the intermittent leave
or reduced leave schedule, and, if applicable,
The date on which the treatment is to be given;
and
The duration of the treatment
16
17. When May An Employer Request
Recertification?
For intermittent leave, employer may not request
recertification in less than the minimum period specified on
the certification as necessary unless:
– Circumstances described by previous certification have
changed significantly;
– The employer received information that casts doubt
upon the employee’s stated reason for the absence.
In all instances, however, even if minimum period extends
beyond six months, can request recertification every six
months, in connection with a covered absence. 29 C.F.R.
§825.308 (a).
17
18. Responding to Asserted Rights to Utilize Intermittent
Leave:
Challenges and Strategies
“Nothing in the FMLA or the implementing regulations
prevents an employer from enforcing a rule requiring
employees on FMLA leave to keep the employer
informed about the employee’s plans.”
Gillam v. United Parcel Service, Inc.,
233 F. 3d 969, 972 (7th Cir. 2003)
18
19. Patterns of Absence
Monday/Friday Absence Abuse
– See DOL Opinion Letter – May 25, 2004
• Communicating with healthcare provider
re: patterns of absence can be acceptable
19
20. What to Do When You
Suspect an Employee Is
Abusing FMLA Leave?
For example ...
Second jobs during work hours
Monday/Friday absences
Refusal to work OT or weekends
20
21. What to Do When You Suspect an
Employee Is Abusing FMLA Leave?
“An employer may require an employee to comply with the
employer’s ‘usual and customary notice and procedural
requirements for requesting leave, absent unusual
circumstances.” 29 C.F.R. § 825.302(d)
“Nothing in the FMLA prevents employers from ensuring that
employees who are on leave from work do not abuse their
leave.” Callison v. City of Philadelphia, 2005 WL 900029 (3rd
Cir.Pa.).
Consider requiring new certification of eligibility.
21
22. Moonlighting
An employee may not continue to work at a
second job during FMLA leave if the employer has
an established policy that prohibits outside
employment.
– DOL Opinion Letter No. 106 (July 1, 1999)
The Company may have a written policy which
prohibits outside employment. If this is more
than you want, at least have a policy which
prohibits outside employment while an employee
is on paid or unpaid leave where benefits may be
retained while on leave.
22
23. Preventing Intermittent Leave
Abuse – Potential Strategies
Require the employee to provide detailed information when the
employee requests FMLA leave or provides sufficient information
to suggest that time off may qualify as an FMLA absence.
Treat an absence as a non-FMLA absence if the employee calls in
and simply says "I'm sick today." If no other information is
provided, the employee has not provided sufficient notice that the
absence may qualify as an FMLA absence.
Require the employee to call in whenever absent (and to do so by
a designated time) and obtain a "status report" each time the
employee calls in by asking for detailed information about the
absence. For example, ask what the problem is, how long it will
last, whether the employee will be able to work part of the day,
why the employee can't work, if the employee will be seeing or
calling the doctor, and if not, why.
23
24. Preventing Intermittent Leave
Abuse – Potential Strategies
Ask the employee questions related to the absence when
the employee returns to work, such as how the employee
spent the day, and types of things he or she did during the
day, etc.
Provide the employee's health care provider with a job
description or list of essential functions of the employee's
job so that the health care provider is in a better position
to determine if the employee can or cannot perform
essential duties.
Insist that the medical certification be "complete" and put
the burden on the employee to obtain such missing
information as is necessary to make it complete. Consider
requiring a new certification when and if permitted by the
DOL regulations.
24
25. Preventing Intermittent Leave
Abuse – Potential Strategies
If a complete medical certification is not
furnished, treat the absences as non-FMLA
absences, subject to disciplinary action under the
employer's attendance policy.
Require a second and third opinion on the
medical certification submitted by the employee.
If the employee refuses to cooperate, treat the
related absences as non-FMLA absences, subject
to the employer's attendance policy.
25
26. Preventing Intermittent Leave
Abuse – Potential Strategies
Discipline an employee who fails to comply with
the employer's procedural requirements for
leaves of absence.
Prohibit the employee from working elsewhere
while on leave or engaging in any productive
work of a compensable or non-compensable
nature.
Consider employee activities other than recovery
and necessary medical treatment/appointments
while absent. (A "serious health condition"
involves a period of incapacity during which the
employee is unable to work or "perform other
regular daily activities.“)
26
27. Preventing Intermittent Leave
Abuse – Potential Strategies
Consider means/strategies to verify absence (e.g.,
activities inconsistent with stated need for recovery time).
As “last resort” to confirm suspicion, consider surveillance if
strong basis for belief that FMLA leave is being abused (but
beware of the potential for interference or retaliation
claims).
– “[E]ven an employer’s honest suspicion that the
employee was not using his medical leave for its
intended purpose is enough to defeat the employee’s
substantive rights FMLA claim.”
• Crouch v. Whirlpool Corporation, Inc., 447 F.3d 984,
986 (7th Cir. 2006)
Consider transfers during the period of intermittent or
reduced schedule leave (if permissible under applicable
regulatory constraints).
Terminate the employee if the employer has reasonable
evidence that FMLA leave has been fraudulently used.
27
28. A Division of Thompson Media Group
Lessons from Court Rulings
Regarding FMLA
Intermittent Leave
www.thompsoninteractive.com
29. DOL Rulemaking
Years of employer complaints to DOL re: impact
of FMLA regulations
Intermittent leave (particularly, leave taken
without prior notice, based on prior certification)
was the #1 problem raised by employers
Final 2008 rules
Changes made and limited modifications
New Controls?
29
30. A Division of Thompson Media Group
Questions?
Peter A. Susser, Esq.
Littler Mendelson, P.C.
Washington, D.C.
(202) 414-6868
psusser@littler.com
www.thompsoninteractive.com
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