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Seminar Information
Family and Medical Leave Act (FMLA) Seminar
Date: Tuesday, September 16, 2008
Time: 8:30 a.m. - 12:00 noon
Location: The Metropolitan map
Cost: No charge
The Family and Medical Leave Act is over 10 years old now, but it continues to be one of the most complex, challenging HR mandates of all to compliantly administer – and employees aren’t bashful about enforcing their FMLA rights. One case resulted in an $11.65 million jury award, and the 8th Circuit upheld a $305,000 award in another!
And just when you thought you had it all figured out, a new FMLA entitlement has been created under the National Defense Authorization Act for FY 2008 that is a current requirement, but as of yet has no implementing regulations! In addition, the DOL has issued new proposed regulations relating to the original FMLA entitlements, but these regulations aren't applicable until comments about them have been processed and the regulations finalized, which may not be for some time.
At this seminar, we'll sort through the confusion and ambiguity, and help you identify what you must do now, what may not be required just yet but should be done, and what is likely to change in the future.
(Note: The U.S. DOL has indicated that it is working "expeditiously" to publish regulations on the new FMLA leave entitlements under the National Defense Authorization Act, and to finalize the proposed regulations relating to the original FMLA leave entitlements. While we can't predict whether or not any of these regulations will be published before the October 8 seminar date, we will provide seminar attendees with the most current information given what has been published and what is known at that time.)
What attendees will learn:
- Situations under which a leave is and is not FMLA-qualifying, including the two new leave entitlements under the National Defense Authorization Act (NDAA).
- What to do with respect to the new NDAA leave entitlements pending implementing regulations.
- The three required elements for an FMLA-qualifying medical leave.
- The six criteria that define a “serious health condition”.
- How to sort through seemingly contradictory FMLA administrative issues – like when an employee with the flu may be entitled to FMLA whereas an employee with cancer may not.
- How to know when a workers’ compensation absence is FMLA-qualifying.
- How to administer intermittent and reduced-schedule FMLA leave, and the special administrative challenges of doing so with exempt employees.
- How to administer FMLA in a very short time (you may need to offer and track by the minute!).
- How to know when an employee using intermittent FMLA leave used his/her “12 weeks”.
- What the DOL says about employees’ requests to “save FMLA until later”.
- Why it is important to establish an FMLA “leave year” and how to do it.
- Why it is important to establish a policy on concurrency of paid leave and FMLA and how to do it.
- How you can compliantly combine required notices so that you need only deal with three rather than four notices.
- What FMLA-related information needs to be in your employee handbook.
- When you can and cannot designate FMLA “backward,” given the U.S. Supreme Court’s Ragsdale case opinion.
- Medical certification rules – what you can and cannot require, and how to overcome HIPAA privacy barriers to certificate issuance.
- Your obligations regarding job restoration and benefit protection.
- A little-known rule restricting job restoration for some employees before their FMLA leave entitlement is exhausted.
- How to compliantly cancel health coverage during an FMLA leave for non-payment of premiums.
As with all of our compliance programs, this seminar will focus on real-life, practical application issues, and not legal minutiae. Our goal is for participants to understand how to comply and be able to immediately apply what is learned. Attendees will receive a seminar manual and compliance reference that includes DOL regulations, DOL guidance and sample forms. This manual is not only a great learning tool during the seminar, but is also a tremendously valuable working resource back at the office.
For more information, please e-mail academy@acclaimbenefits.com or call 763.278.4620.