Ensure your FMLA recordkeeping is a major asset and not a fatal liability.
Employers find FMLA compliance one of the most vexing problems in their compliance with the many employment laws providing employee workplace rights. And at the top of the FMLA problem list is assuring that they have the proper records for proving FMLA compliance. Employers need to assure that they have the right FMLA policies in place to provide for timely and appropriate FMLA recordkeeping. These include showing employees were provided an appropriate and lawful FMLA policy and documentation of every step of the process from employee inquiry, provision of the DOL's certification form (WH-380), follow up on deficiencies in the certification, FMLA decision documentation and all post-approval follow up. A failure to have the right FMLA records can lead to costly claims and make successful defense problematic. This topic is critical for employers to ensure their FMLA recordkeeping is a major asset and not a fatal liability.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Having a Fully Compliant Employer-Friendly FMLA Policy
- Employer FMLA Compliance Starts With a Compliant Policy
- Choosing Your FMLA Benefit Measuring Year
- Advising Employees What Documents Need to Be Submitted and When
Positively Documenting the FMLA Process
- Documenting Oral FMLA Requests - the Supervisor's Role
- Use of Appropriate U.S. DOL Forms and Proof of Timely Delivery to Employees
- Follow up on Incomplete or Sketchy FMLA Requests
Communicating and Documenting the Decision
- Timely Documenting a Response to FMLA Requests
- Unequivocally Documenting the Period of FMLA Leave and Return-to-Work Date
- Special Documentation Concerns - Intermittent FMLA Leave
- When Can the Employer Demand Recertification of the Need for FMLA?
- Documenting Benefit Issues During FMLA Leave
Special Problems
- Suspected FMLA Abuse and How to Document
- Notices to the Employee as Approved FMLA Comes to an End
- Accurate Recordkeeping of FMLA Leave Used
- Addressing Employee Failure to Pay Health Benefits Costs During FMLA
Increased FMLA Compliance Activities by the Biden DOL
- DOL Receives and Investigates FMLA Complaints
- DOL Can Audit an Employer's Multi-Year FMLA Compliance
- The Biden DOL Is Expected to Ramp up FMLA Enforcement - How to Prepare
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 26, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Frank C. Morris, Jr.
Epstein Becker & Green, P.C.
- Senior Partner in the employment law practice in Washington, D.C., and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
- Speaker on the ADA and employment law to the judicial conferences for the federal judges of the Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits
- Adjunct professor at the George Washington University Law School
- Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers, and Washington, D.C. and Baltimore Top-Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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