Handling Employee Leave Abuse Under FMLA ADA & Workers Compensation
Learn to spot and curb employee leave abuse under the FMLA, ADA and workers' comp through eligibility checks, certifications, documentation and fair investigations.
Speaker
Janette Levey Frisch
Employment attorney · 20+ years of legal experience
Overview
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 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.
What’s covered
- 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
- 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 emerging issues
- Best practices
- Issues for health care, pharma and life sciences employers
Who should attend
What you get
About the speaker
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 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, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette 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 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 serve on the Workplace Violence Prevention Institute, a multi-disciplinary task force, dedicated to providing, holistic, proactive and cutting-edge solutions and resources for employers committed to ensuring a safe workplace.
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