FMLA Intermittent Leave: Preventing Abuse While Mitigating Interference or Retaliation Claims
Establishing Effective Leave and Transfer Policies, Challenging Medical Certification, and Leveraging Defense Theories
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide employment counsel with the tools necessary to prevent employee abuse of intermittent leave while maintaining FMLA compliance. The panel will review appropriate leave and transfer policies, discuss challenges to medical certification, outline defense theories, and more.
Outline
- Managing medical certification
- FMLA regulations
- Certification requirements employers may demand
- Recertification
- Demand for second and third medical opinions
- Effective leave policies
- Paid leave
- Call-in
- Employee location requirements during leave
- Misrepresentation and the honest belief defense
- Transfer of position
- Effective investigation techniques
- Defense strategies for litigating FMLA claims
Benefits
The panel will review these and other key issues:
- What techniques can employers utilize to prevent or effectively discourage FMLA intermittent leave abuse?
- How can counsel guide employers in balancing abuse prevention strategies with FMLA leave requirements?
- What are the substantive components of effective leave and medical certification policies?
- How can counsel or employers conduct legally defensible investigations into doubtful intermittent leave claims?
Faculty
Jeffrey S. Kopp
Partner
Foley & Lardner
Mr. Kopp focuses on labor and employment and commercial litigation, and a variety of emergency and other injunctive... | Read More
Mr. Kopp focuses on labor and employment and commercial litigation, and a variety of emergency and other injunctive relief proceedings. He is an experienced advocate, handling a wide variety of civil litigation matters in federal and state courts in Michigan, Ohio, Indiana, Tennessee, Missouri, Kentucky, and other jurisdictions and matters before state and federal agencies. Mr. Kopp has successfully defended clients before the Sixth Circuit and the Michigan Court of Appeals. He also arbitrates traditional labor grievances. Mr. Kopp also represents lenders in commercial foreclosure cases in Michigan and has successfully obtained receivers and completed UCC Article 9 and real estate foreclosures.
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Evan H. Pontz
Partner
Troutman Sanders
Mr. Pontz specializes in employment and labor law matters, including discrimination litigation, traditional labor law... | Read More
Mr. Pontz specializes in employment and labor law matters, including discrimination litigation, traditional labor law issues, compliance counseling and preventative training. He represents companies in discrimination litigation involving sex, race, age, disability, sexual harassment, FMLA leave issues, wage and hour matters, and state law tort claims, as well as in labor arbitrations, contract negotiations, and in dealing with existing or potential unions.
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