Hidden Gems in the FMLA Regulations

June 13, 2018

Click HERE to register for this FMLA webinar

The FMLA has been in existence for over 24 years. Most employers know the basics. Jeff Lindemann and Jeff Shoskin will focus on those seemingly obscure points (taken directly from the FMLA regulations) which have tripped up employers and led to costly settlements or verdicts. Unfortunately, many employers did not know they existed or simply misunderstood them. For example:

• Can you be sued individually?
• If you fall under 50 employees, are you automatically relieved from being a covered FMLA employer?
• Do you have to work a continuous one-year period to be considered an eligible employee?
• Can an employee use FMLA leave to care for his parent who simply feels more comfortable when the employee is around?
• Can an employee take intermittent leave for “baby bonding” without the employer’s consent?
• If an employee requests additional FMLA leave for the same reason, do they have to specifically reference the qualifying reason for the need for FMLA leave?
• Can an employer transfer an employee who misses work on an intermittent basis (e.g., migraines) to another position that is less of a scheduling burden for the employer?
• When must the employer designate the time off as FMLA leave?
• If a significant portion of your workforce is not literate in English, does an employer have to provide the general FMLA notice in a language they understand?
• Can an employer require a “fitness-for-duty” certification when an employee takes intermittent leave?
• If an employer issues bonuses based on reaching a certain goal (e.g., perfect attendance, products sold), can the employer deny that bonus to an employee who did not meet that goal due to his FMLA leave?

At the end of this webinar, you will be armed with additional information which will assist you in tightening up your FMLA processes.

Hosted by:

Jeffrey S. Shoskin

Jeffrey represents employers in all aspects of private and public sector employment and labor relations matters. He has served as lead counsel in state and federal court litigation, as well as before various state and federal administrative agencies and boards. Jeffrey also has represented clients in collective bargaining negotiations, union campaigns, and arbitration proceedings. Additionally, he has provided in-depth counseling and training on a wide array of employment law topics (e.g., the FMLA, the ADA, wage/hour, discrimination, harassment, wrongful discharge) and has assisted clients in drafting employee handbooks, employment forms, and confidentiality, non-compete, employment, and separation agreements. Please click here to learn more about Jeff.

Jeffrey N. Lindemann

Jeff’s practice is concentrated on the representation of employers in a wide variety of labor and employment matters, including employment discrimination and wrongful discharge advice and litigation, wage and hour advice and litigation, trade secret and covenant not to compete advice and litigation, ERISA litigation, and collective bargaining agreement negotiations and arbitrations. Much of Jeff’s practice is devoted to working with and advising companies as they work to comply with the wide variety of labor and employment statutes, rules and regulations that come into play in today’s workplace environment. Jeff has represented a wide range of employers, including several health care institutions and providers, numerous manufacturing entities, and employers in the restaurant and service industry. Please click here to learn more about Jeff.