After more than a decade, the FMLA remains an extremely difficult and frustrating law for employers to administer, and it creates several traps that can lead to employer and individual liability. This seminar moves beyond the basics and will assist you in sorting through the complex and challenging real-world issues involved in complying with the FMLA.
- Employees on the cusp: Dealing with difficult eligibility issues
- Not all family members are created equal
- Regulatory challenges: Taking issue with the Federal Department of Labor
- Plugging the dam: Intermittent and reduced schedule leave
- You make the call: Practical applications of the FMLA
9:00 a.m. - 9:20 a.m.
I. Overview Of The Family And Medical Leave Act
9:20 a.m. - 10:05 a.m.
II. Employees On The Cusp: Dealing With Difficult Eligibility Issues
A. The 75-Mile Radius Dilemma
B. Temporary And Leased Employees
C. Related Business Entities
D. Other Challenges
10:05 a.m. - 10:50 a.m.
III. Not All Family Members Are Created Equal (Under The FMLA): Responding To Requests
To Care For Adult Children, Domestic Partners, In-Laws And Others
A. Adult Children
B. Common Law Spouses
C. Domestic Partners/Same Sex Spouses
D. Extended Family
10:50 a.m. - 11:05 a.m.
11:05 a.m. - 12:00 p.m.
IV. Serious Health Conditions Under The FMLA, And Interaction With The Americans With
Disabilities Act, The New York State Human Rights Law And The New York Workers'
12:00 p.m. - 1:00 p.m.
(Lunch On Your Own)
1:00 p.m. - 1:45 p.m.
V. Regulatory Challenges: Taking Issue With The Federal Department Of Labor
A. Invalidated Regulations
B. Proposed Revisions To Regulations
C. Strategic Considerations
1:45 p.m. - 2:45 p.m.
VI. Real-World FMLA Issues In Benefits Administration: Flex Plans, Hipaa, Cobra And
Other Benefits Challenges
A. Use Of Unpaid Benefit Time Under FMLA
B. Collecting Health Plan Premiums For Paid And Unpaid Leaves
C. Determining When To Offer COBRA Continuation Coverage
D. Resuming Health And Flexible Spending Account Coverage After FMLA
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:45 p.m.
VII. Plugging The Dam: Intermittent And Reduced Schedule Leave
A. Common Issues In Managing Intermittent And Reduced Schedule Leave
1. Late Or Inadequate Notification
2. Incomplete Certifications
3. Suspicious Claims
4. The 'Floodgate' Effect
B. Strategies For Controlling Intermittent And Reduced Schedule Leave
3:45 p.m. - 4:30 p.m.
VIII. You Make The Call: Practical Applications Of The FMLA