FMLA Intermittent Leave: Preventing Abuse While Mitigating Interference or Retaliation Claims
Creating Effective Leave and Transfer Policies, Challenging Medical Certification, 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.
- Managing medical certification
- FMLA regulations
- Certification requirements employers may demand
- Demand for second and third medical opinions
- Effective leave policies
- Paid leave
- Employee location requirements during leave
- Misrepresentation and the honest belief defense
- Transfer of position
- Effective investigation techniques
- Defense strategies for litigating FMLA claims
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?
Angelo M. Filippi
Mr. Filippi is a Partner in the firm’s Fort Lauderdale office focusing his practice on Employment and Labor Law... | Read More
Mr. Filippi is a Partner in the firm’s Fort Lauderdale office focusing his practice on Employment and Labor Law and Occupational Safety and Health Act (OSHA) defense. He represents employers on a broad range of matters applicable to the workplace. The group defends employers who are audited or investigated by local, state and federal enforcement agencies and has extensive experience litigating both individual and class action claims. Mr. Filippi has defended employers in litigation initiated under state and federal discrimination laws; overtime and other wage disputes under the Fair Labor Standards Act; leave issues relating to the interaction between the disabilities laws, the FMLA and workers’ compensation; retaliation and whistleblower claims; non-compete issues, employment contract claims and OSHA compliance.Close
Ryan T. Neumeyer
Mr. Neumeyer is a member in the Litigation Department’s Labor and Employment Practice Group. He came to McDonald... | Read More
Mr. Neumeyer is a member in the Litigation Department’s Labor and Employment Practice Group. He came to McDonald Hopkins after 10 years at a boutique labor and employment firm.
Mr. Neumeyer has the distinction of being a Certified Specialist in the practice of labor and employment law by the Ohio State Bar Association. He represents and counsels management on a variety of employment law matters, such as employee leave, overtime, disability accommodations, termination and layoff decisions, and workplace injuries. Mr. Neumeyer is a frequent lecturer on employment law topics. Earlier in his career, he was an appellate attorney for the Office of the State Appellate Defender in Chicago and an extern for the Honorable Alice M. Batchelder, United States Court of Appeals for the Sixth Circuit.Close