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

This 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.

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.

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 Session :

  • 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 Should Attend:

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

HR2914

Janette Levey Frisch

Janette Levey Frisch is an attorney with more than 20 years legal experience. Janette is the founder of The EmpLAWyerologist Firm. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional – to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog and has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is also a contributor to the recently released book, “Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition”, published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many others.

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  • Login Information with Password to join the session, 24 hours prior to the webinar
  • Presentation Handout in .pdf format
  • Presentation from the Speaker
  • Feedback form
  • Certificate of Attendance
  • Recording access Information with Password to view the webinar, will be sent 24 hours after the completion of the Live webinar.
  • Presentation Handout in .pdf format
  • Certificate of Attendance