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FMLA Intermittent Leave Challenges: Mitigating Interference or Retaliation Claims, Preventing Abuse

Creating Effective Leave and Transfer Policies, Challenging Medical Certification, Leveraging Defense Theories

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, February 29, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide employment counsel with the tools necessary to discourage employee abuse of intermittent leave while maintaining FMLA compliance. The panel will review considerations for leave and transfer policies, discuss when and how to challenge medical certifications, outline defense theories in case of a retaliation or interference claim, and more.


One of the most daunting challenges employers face is preventing abuse of FMLA intermittent leave. Employers must navigate a delicate balance between discouraging abuse and avoiding claims of interference or retaliation.

Employers have at their disposal various approaches to ensure FMLA claims are legitimate. One important technique involves the medical certification process, and employment counsel must guide clients on when to require and/or challenge medical certifications and how to do so.

Counsel should also guide employers in developing effective leave policies that include provisions on paid leave and the consequences for fraudulent FMLA claims. An employer's failure to correctly implement these and other strategies may result in litigation and adverse rulings.

Listen as our distinguished panel reviews techniques to limit and handle abusive FMLA intermittent leave claims. The panel will provide counsel with best practices to develop and implement effective leave strategies, maintain FMLA compliance, and prepare defense theories in interference or retaliation claims.



  1. Managing medical certification
    1. FMLA regulations
    2. Certification requirements employers may demand
    3. Recertification
    4. Demand for second and third medical opinions
  2. Effective leave policies
    1. Paid leave
    2. Call-in
    3. Employee location requirements during leave
    4. Misrepresentation and the honest belief defense
  3. Transfer of position
  4. Effective investigation techniques
  5. Defense strategies for litigating FMLA claims


The panel will review these and other key issues:

  • What techniques can employers utilize to discourage FMLA intermittent leave abuse?
  • How can counsel guide employers in balancing abuse prevention strategies with FMLA leave requirements?
  • What are the essential substantive components of effective leave and medical certification policies?
  • How can counsel or employers conduct legally defensible investigations into questionable intermittent leave requests?


Neumeyer, Ryan
Ryan T. Neumeyer

McDonald Hopkins

Mr. Neumeyer is a member in the Litigation Department’s Labor and Employment Practice Group. He came to McDonald...  |  Read More

Thompson, Allyson K.
Allyson K. Thompson

Kaufman Dolowich

Ms. Thompson focuses her practice on all aspects of employment litigation including Fair Employment and Housing Act and...  |  Read More

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