Learn about the latest ADA regulations and design standards for your properties.
The majority of employers are aware of the availability of FMLA leaves of absence but many struggle with what qualifies as a serious health condition under the FLMA, the process for certification and recertification of a serious health condition, and what rights an employer has to verify an employee’s need for a leave. This topic will provide you with the practical and legal tools to determine what qualifies as a serious health condition, an employer’s rights to verify the need for a leave, and best practices for compliance.
Learning Objectives
- You will be able to define a qualifying serious health condition.
- You will be able to explain what rights an employer has when an FMLA leave is requested.
- You will be able to identify when leave is appropriate for the care of a family member with a serious health condition.
- You will be able to revise and update your company’s FMLA policy and protocol.
Agenda
Brief FMLA Review
- Eligible Employee
- Eligible Employer
- Reasons for Leave
What Is a Serious Health Condition?
- Statutory/Regulatory Definition
- Breaking Down the Definition
- Illness, Injury, Impairment and Condition
- Incapacity
- Treatment
- Inpatient Care
- Continuing Treatment
Care of Family Member Serious Health Condition
- Who Is a Family Member?
- What Does Caring for Mean?
Employer Rights
- Certification and Recertification
- Authentication/Clarification
- Second and Third Opinions
- Fitness-For-Duty
- Right to Cure Deficiencies
Applying the Lessons
- Case Study I
- Case Study II
- Best Practices/Practical Advice
Speakers
James R. Hays,
Sheppard, Mullin, Richter & Hampton LLP- Partner in the Labor & Employment Practice Group of Sheppard, Mullin, Richter & Hampton LLP
- Practice is national and focuses on management labor and employment law
- Represents clients in employment litigation in federal and state courts, as well as various arbitration forums, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the United States Department of Labor, and state agencies throughout the United States
- Regularly counsels clients on preparation and administration of personnel policies and employment strategies and compliance with WARN, FMLA, ADA, COBRA, and other federal and state labor statutes
- Has been recognized by Super Lawyers as a New York Super Lawyer, 2013-2018
- Regularly publishes and speaks on topics of concern and interest to employers
- J.D. degree, New York Law School; B.A. degree, Catholic University
Who Should Attend
This live webinar is designed for human resource managers, payroll and benefits professionals, employee relations managers, business owners and managers, presidents, vice presidents, controllers, and attorneys.
