Handling Employee Leave Abuse Under FMLA ADA & Workers Compensation

Recorded Session
90 Minutes

There's no magic fix for employee leave abuse, but knowing the rules, the case law and the right controls helps a lot. This 90-minute webinar on handling leave abuse under the FMLA, ADA and workers' compensation shows how to make sure leave goes only to employees who truly need it and are eligible.

You'll learn the difference between an FMLA serious health condition and an ADA/ADAAA qualified individual with a disability, how to use medical inquiries, and the notice and reinstatement rules under each law. The session covers where the laws overlap, intermittent leave and how to end employment after FMLA leave is exhausted without violating the ADA.

It also covers certifications, fitness for duty, documentation, investigations and best practices.

WHY SHOULD YOU ATTEND?

When employees are out and the team is struggling, you may suspect some don't really need leave or aren't entitled to it. This session gives you working knowledge to reduce your exposure to leave abuse under the FMLA, ADA, workers' comp and other leave laws.

It suits executives, HR, benefits, risk and office managers, supervisors, business owners, finance leaders, HIPAA and privacy officers, health information managers and healthcare counsel in companies, nonprofits, schools and government agencies.

AREA COVERED

FMLA and ADA/ADAAA rules

  • Serious health condition under the FMLA vs qualified individual with a disability under the ADA/ADAAA
  • Medical inquiries to determine coverage
  • Notification and reinstatement requirements
  • Where the FMLA and ADA/ADAAA overlap
  • Intermittent leave requests
  • Terminating an employee who has exhausted FMLA leave without violating the ADA/ADAAA

Curbing leave abuse

  • Defining leave abuse and common ways employees abuse leave
  • Determining eligibility
  • Certifications and fitness for duty certifications
  • Notice requirements and documentation
  • Key employees and reinstatement
  • Reasonable accommodation under the ADA/ADAAA
  • Job descriptions
  • Tools for curbing FMLA abuse
  • Investigating suspected leave abuse
  • Documentation and meeting guidelines

Case law and practice

  • Case law and emerging issues
  • Best practices
  • Issues for health care, pharma and life sciences employers

LEARNING OBJECTIVES

  • Define leave abuse and recognize common patterns
  • Determine eligibility and use certifications under the FMLA and ADA/ADAAA
  • Apply notice, reinstatement and fitness for duty rules
  • Manage intermittent leave and overlapping leave laws
  • Investigate suspected leave abuse and document it properly
  • End employment after FMLA exhaustion without violating the ADA

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
     

When employees are out and the team is struggling, you may suspect some don't really need leave or aren't entitled to it. This session gives you working knowledge to reduce your exposure to leave abuse under the FMLA, ADA, workers' comp and other leave laws.

It suits executives, HR, benefits, risk and office managers, supervisors, business owners, finance leaders, HIPAA and privacy officers, health information managers and healthcare counsel in companies, nonprofits, schools and government agencies.

FMLA and ADA/ADAAA rules

  • Serious health condition under the FMLA vs qualified individual with a disability under the ADA/ADAAA
  • Medical inquiries to determine coverage
  • Notification and reinstatement requirements
  • Where the FMLA and ADA/ADAAA overlap
  • Intermittent leave requests
  • Terminating an employee who has exhausted FMLA leave without violating the ADA/ADAAA

Curbing leave abuse

  • Defining leave abuse and common ways employees abuse leave
  • Determining eligibility
  • Certifications and fitness for duty certifications
  • Notice requirements and documentation
  • Key employees and reinstatement
  • Reasonable accommodation under the ADA/ADAAA
  • Job descriptions
  • Tools for curbing FMLA abuse
  • Investigating suspected leave abuse
  • Documentation and meeting guidelines

Case law and practice

  • Case law and emerging issues
  • Best practices
  • Issues for health care, pharma and life sciences employers
  • Define leave abuse and recognize common patterns
  • Determine eligibility and use certifications under the FMLA and ADA/ADAAA
  • Apply notice, reinstatement and fitness for duty rules
  • Manage intermittent leave and overlapping leave laws
  • Investigate suspected leave abuse and document it properly
  • End employment after FMLA exhaustion without violating the ADA

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
     
Currency:
Webinar Option
Transcript (PDF Transcript of the Training)
Downloadable Recorded Session
USB

Speaker Profile

ins_img Janette Levey Frisch

Janette Levey Frisch, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most …

Upcoming Webinars