COURSE OUTLINE

#1 FMLA And Intermittent Leave

• When can leave be taken intermittently or on a reduced leave schedule?
• May an employer limit FMLA leave to a minimum increment?
• How does the FMLA define "workweek"? Is a workweek of leave always 40 hours?
• What is the difference between intermittent leave and light duty?
• When an employee has used all 12 weeks of intermittent leave, and he/she can't come back full-time, can you fire them?
• What can an employer legally do when faced with the problem of unscheduled intermittent leave used by employees who have chronic health conditions?

#2 Light Duty And Alternate Positions

• What is light duty and how does it work with the FMLA?
• What are the rules for reassigning an employee to an alternate position?

#3 Certifications From Health Care Providers

• What information can you require from an employee seeking FMLA leave due to a serious health condition?
• Can an employer contact the employee's doctor directly to ask questions about information on the certificate?
• How should an employer notify an employee of the need for medical certification?
• Does HIPAA affect the flow of medical information supporting the leave?
• What information may you require to be included on the certificate?
• Who is a health care provider for purposes of providing a certificate?
• When must an employee submit the certificate from the health care provider?

#4 The Definition Of A Serious Health Condition Under The FMLA

• What is a serious health condition under the FMLA?
• What is not a serious health condition?

#5 Employee Communication Responsibilities

• How much advance notice must an employee provide you with when he/she needs FMLA leave?
• What is the employee 2-day rule?
• What information must the employee provide to the employer when the employee needs to be absent for an FMLA-qualifying reason?
• To whom must the employee convey information concerning the need for FMLA leave?
• If proper notice is not provided by the employee, can you refuse to provide FMLA protection for an absence?

#6 Employer Communication Responsibilities

• Is the employer fulfilling its responsibilities to communicate with the employee in accordance with the regulations?
• What are the consequences of the employer not providing the appropriate notification?
• What is the "designation" requirement?
• What is the employer 2-day rule?
• What should you do concerning designating retroactive leave according to the Supreme Court decision: Ragsdale v. Wolverine WorldWide?

#7 Weaving The Path Through The Maze Of FMLA, ADA, Workers' Compensation, And ERISA STD Plan Requirements

• What is the interaction between the provisions of the Americans with Disabilities Act (ADA) and the FMLA?
• How do Workers' Compensation rules and the FMLA interrelate?
• How do ERISA STD rules and the FMLA interrelate?

#8 Enforcement Of Attendance Policies And Other Work Rules, Including Employee Misconduct

• When may an employer discipline an employee for an absence?
• Can an employer enforce existing paid leave policies when employees are using paid leave as part of their FMLA leave?
• When may an employer terminate an employee for alcohol-related or substance abuse-related misconduct, if the employee seeks FMLA leave?

#9 Return From FMLA And Reinstatement Of Benefits

• What must an employer do when reinstating an employee returning from an FMLA absence?
• May an employer deny a perfect attendance bonus if the employee's only absence is FMLA-related?
• Does an employer have to give an employee "unconditional" pay increases that would have occurred if the employee was not on leave?
• Does an employer need to allow vacation/sick time to accrue when an employee is on FMLA leave?
• May an employer terminate an employee's health plan coverage if the employee does not pay the employee's share of the cost of such coverage during the FMLA leave? Should an employer terminate such coverage?

#10 How To Correctly Determine An Employee's Eligibility For FMLA Leave

• Should you include vacation or sick time when determining whether an employee has worked for at least 12 months?
• Once an employee takes FMLA leave, when can they take more?
• Is an employee's entitlement to leave limited by leave taken by a spouse who also works for that employer?

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