The sweeping changes to the Family and Medical Leave Act (FMLA), which took effect this past January, contain several provisions related to requests for medical certifications. For instance, the regulations increase the amount of time an employer has to request certification from 2 days to 5 days after receiving notice of a worker’s need for leave.
The regulations also provide employers with greater leeway in authenticating medical certifications and allow them additional opportunities to request certain information from a medical provider. The catch? This leeway comes with increased compliance requirements. One small slip, and your organization could find itself in a huge legal mess.
Order this in-depth 90-minute webinar recording all about the potential legal pitfalls – and how to avoid them.
You and your colleagues will learn:
- When and how to use the DOL’s new medical certification forms
- When you can and cannot contact a healthcare provider about a worker’s medical condition
- The questions you may ask a medical provider, and the legal line you must never cross when requesting medical information
- What to do if a worker’s documentation is incomplete, vague, or unresponsive
- When you can legally deny leave on the basis of an employee’s failure to provide sufficient and complete medical documentation
- The recertification challenges you could face in light of the new regulations
- When you may request a recertification
- The major effect the new regulations have on your requests for fitness-for-duty certifications
- Potential liability that could arise under the Americans with Disabilities Act if you mishandle medical certifications
This webinar was recorded on Thursday, October 8, 2009
About Your Speakers:
James W. Michalski, Esq., is senior counsel at the Los Angeles office of Holland & Knight, LLP. Michalski represents management in state and federal courts, administrative agencies, and arbitrations in cases involving claims of wrongful termination, discrimination, and harassment based on sex, sexual orientation, race, national origin, and disability. He also represents management in cases involving breach of contract, fraud, misrepresentation, interference with contract, unfair competition, misappropriation of trade secrets, violation of wage and hour laws, and violation of civil rights laws. He also counsels employers on personnel matters, including administering leaves of absence. He teaches employment law at the University of Phoenix.
Michael Starr, Esq., a partner in the New York office of Holland & Knight, practices in all areas of employment and labor relations law. He represents management in court, before the NLRB and in other agency proceedings, as well as in arbitration, mediation, and collective bargaining. He advises clients on preventive labor and employee relations practices and is nationally recognized in sexual harassment, employment discrimination, non-competition and employee disloyalty litigation, and international employment law.
Approved for Recertification Credit
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.