Intermittent FMLA Leave: Preventing Misuse, Managing Abuse & Reducing Employer Liability
Intermittent FMLA leave can be one of the most challenging aspects of administering employee leave. While many employees legitimately need intermittent leave for their own serious health conditions or to care for covered family members, employers also encounter situations involving questionable absences, incomplete or insufficient medical certifications, patterns of leave that raise concerns, and employees who may not understand or may attempt to stretch their FMLA rights.
For HR professionals and managers, the challenge is knowing where legitimate FMLA protection ends and what an employer can legally do to address potential misuse.
Employers must carefully balance their obligation to provide FMLA leave with their right to enforce legitimate attendance and workplace policies. They need to understand how to administer intermittent and reduced-schedule leave, properly calculate an employee's available FMLA entitlement, obtain and evaluate medical certifications, request recertification when permitted, and investigate potential misuse without interfering with an employee's protected FMLA rights.
The 12-month FMLA measurement period is another critical issue. Choosing and properly administering the appropriate measurement method can have a significant impact on how much leave an employee may be entitled to use and can help employers avoid inadvertently providing more FMLA leave than required.
Join HR Learning Center for this practical 60-minute FMLA webinar and learn how to effectively manage intermittent FMLA leave, identify potential misuse, and protect your organization while remaining fully compliant with the law.
What You Will Learn:
- Intermittent FMLA Leave: Understanding when employees may take FMLA leave intermittently or on a reduced schedule
- Identifying Potential Misuse: How to recognize patterns of intermittent leave that may warrant additional attention without improperly interfering with protected leave
- Medical Certification: Understanding what employers may request and how to properly administer the certification process
- Recertification: When employers may request recertification and how to use the process appropriately
- Questionable or Inconsistent Certifications: What HR can do when medical documentation raises legitimate concerns
- Serious Health Conditions: Understanding what qualifies as a serious health condition under the FMLA
- Family Member Eligibility: Understanding which family members are covered by the FMLA and when leave to care for a family member is protected
- The 12-Month Measurement Period: Understanding the different methods for calculating the FMLA leave year and how the choice can affect employee entitlement
- Tracking FMLA Leave: Best practices for accurately tracking intermittent leave and ensuring that all qualifying time is properly counted
- Attendance & FMLA: How to address attendance problems while avoiding unlawful interference or retaliation
- Alternative Positions: Understanding when an employer may transfer an employee temporarily to an alternative position during intermittent or reduced-schedule leave
- Reinstatement: Understanding the general FMLA reinstatement requirement and important exceptions
- Employer Policies: What to include in FMLA and leave policies to promote compliance and reduce potential misuse
- Manager Training: What managers need to know about intermittent leave and what they should and should not say to employees
- Avoiding FMLA Interference & Retaliation: Common mistakes that can turn an attendance or leave issue into an FMLA claim
- Practical Best Practices: Strategies for managing difficult intermittent-leave situations while protecting legitimate employee rights and reducing employer liability
Who Will Benefit Most From This FMLA Webinar?
- HR Professionals
- HR Directors and Managers
- Employee Relations Professionals
- Managers and Supervisors
- In-House Counsel
- Employment Attorneys
- Business Owners
- Anyone responsible for FMLA administration, attendance management, or employee leave
HR Learning Center's 60-Minute Online Employment Law Webinar Includes:
- Live online training conducted by an experienced employment attorney
- PowerPoint presentation covering FMLA requirements and practical compliance strategies
- Practical handouts and resources
- Certificate of Attendance
- Live Question & Answer Session
Manage Intermittent FMLA Leave With Confidence
Intermittent FMLA leave doesn't have to become an administrative nightmare. The key is knowing what the law requires, what employers are permitted to do, and how to respond when legitimate concerns arise.
Join HR Learning Center for this practical webinar and learn how to effectively manage intermittent FMLA leave, address potential misuse, protect legitimate employee rights, and reduce the risk of costly FMLA claims.