This audio conference was recorded on Thursday - June 4, 2009

Credits:

This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI’s criteria to be pre-approved for recertification.

Description:

Most employees are honest … but some are not. And, invariably, it’s those few bad apples who ruin it for everyone else. You probably have at least one person who’s tried to “work the system” when it comes to FMLA leave–and if you haven’t yet, you will.

Some effective tactics for thwarting abuses include calculating time off using a rolling 12-month period, making workers use all paid leave before taking unpaid medical leave, and requiring the return of medical certifications within a set period of time. Some employers are afraid to implement these steps for fear of violating the FMLA themselves, but there’s nothing wrong with holding workers accountable for unexplained, undocumented, or underdocumented absences. You just need to make sure you’re going about it the right way.

Order this in-depth 90-minute audio conference recording all about how to nip FMLA abuses in the bud. Our experts–two seasoned employment law attorneys–will show you how to use medical certifications and recertifications to your advantage when abuse is suspected. Also, they’ll explain how the recent changes to FMLA may actually help you gain an upper hand when an employee is working the system.

Speaker(s):

Talar M. Herculian, Esq. is a partner in the Irvine, California, office of Fisher & Phillips, LLP. She devotes her time exclusively to the representation of management in employment disputes before state and federal tribunals. Herculian also regularly advises employers regarding preventive measures and has presented several seminars to clients regarding various employment related topics, including sexual harassment, family and medical leave, disability accommodations and hiring/firing practices. She also has past experience at the Equal Employment Opportunity Commission.

Christina M. Kotowski, Esq. is Of Counsel at the San Francisco office of Fisher & Phillips, LLP. Her practice includes advising employers and Human Resources professionals on disability and family medical leave issues under state and federal law, as well as defending related litigation.

You and your colleagues will learn:

• The type of notice workers must provide when they exercise their FMLA rights
• How to spot someone who may be working the system
• What impact the DOL’s recently enacted regs could have on your ability to curb potential abuse
• How to ensure that workers comply with FMLA notice requirements, and the legal traps that could arise if you don’t tread carefully
• The time line and game plan for requesting medical certifications and recertifications, as well as second and third opinions under FMLA
• Whether the common cold is ever a qualifying medical condition-and how a worker’s failure to obtain continuing treatment could work to your advantage
• How to draft your attendance policy in a way that allows you to take disciplinary action against workers who don’t provide adequate documentation for repeated absences
• The legal limits on forcing use of paid time off, including sick leave and vacation, while on FMLA leave