New York Professional Events List

2017 FMLA Master Class: Kentucky - Advanced Skills for Employee Leave Management

May 23, 2017 - 08:00 AM
BLR—Business and Legal Resources
400 Market St. , Suite 3200

ZIP: 40202


2017 FMLA Master Class: Kentucky
Advanced Skills for Employee Leave Management

On-Site Seminar:
Louisville, Kentucky | Tuesday, May 23, 2017

Morning Focus: Mastering FMLA Fundamentals 
Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application 

Think employee leave management is a one-time policy issue? Be careful! New and confusing regulations, conflicting court decisions, and increasing employee abuse of FMLA protections means family and medical leave will remain one of HR’s biggest management headaches.

To help you master your obligations and avoid costly penalties, the publisher of your state's Employment Law Letter has crafted a cost-effective and engaging solution: 2017 FMLA Master Class: Kentucky - Advanced Skills for Employee Leave Management. This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. Experienced attorneys will provide substantive instruction on fundamental FMLA compliance principles in light of new and existing regulations, court rulings, and application of this far-reaching law. You’ll engage with your instructors and your peers, solving challenges you face day in and day out concerning intermittent leave, return to work, employee performance, and much more.

This event teaches employee leave management essentials while instilling the confidence you need to make the right coverage calls, control abuse and fraud, answer the toughest questions from employees and your executive colleagues, and avoid the expensive missteps that have devastated other employers.

You’ll enhance your advanced-practitioner skill set when you attend this satisfaction-guaranteed event and learn:

  • How to judge a “serious health condition” the way a real judge would, and eliminate disputes about what does and doesn’t constitute it
  • The latest FMLA revisions, so you don’t risk noncompliance
  • What recent FMLA court decisions really mean, so you can adjust your policies accordingly
  • Why FMLA recordkeeping continues to trip up even the savviest human resource managers, and some solutions to avoid similar mistakes
  • How to tame the intermittent leave and reduced schedule beasts, and put a stop to abuse and fraud
  • How FMLA, ADA, and state workers’ comp laws overlap, so you can avoid violations
  • And more!

Master Class Agenda

7:30 a.m.–8:30 a.m.

Part I: Mastering FMLA Fundamentals 

FMLA Eligibility: Granting FMLA Leave When It’s Due and Getting It Right under the New FMLA Rules 
8:30 a.m.–9:00 a.m. 

Oftentimes employers neglect to take the critical first step in administering FMLA leave—determining employee eligibility. Taking defined, consistent steps in determining employee eligibility helps employers not only properly deny leave when appropriate, but also to grant leave for a period of time that is reasonable and necessary. Eligibility for FMLA leave to care for covered family members has changed dramatically as the definition of who is a family member has been altered by FMLA regulations, new court decisions, and changes in the family structure. 

In this opening session, we’ll explain these developments and how to adjust your policies and practices to ensure compliance with the changing regulatory and legal landscape. You’ll learn: 

  • How to determine FMLA eligibility quickly and easily 
  • How the FMLA rules and recent court decisions define who qualifies as a covered spouse 
  • Caring for adult children 
  • Determining in loco parentis status 
  • How to coordinate state and federal leave when covered family members differ 

Managing Serious Health Conditions and Medical Certifications 
9:00 a.m.–9:45 a.m. 

At the heart of many FMLA leave requests is the serious health condition. FMLA regulations offer guidance and allow you to require medical certification, but there are a multitude of possible reasons for needing FMLA leave. Assessing the information requires keen judgment, and this session will show you how to make these crucial calls. You’ll learn about: 

  • Illnesses and injuries that may be serious health conditions even though the regulations say they generally aren’t 
  • How many health conditions it takes to be “serious” 
  • How often your employee needs to see a healthcare provider 
  • What to do if a medical certification is incomplete or unclear 
  • Your options if an employee or doctor doesn’t cooperate with obtaining the required certifications 
  • When you may require employees to provide recertification of a serious health condition 
  • The “do’s and don’ts” of return-to-work certifications 

Networking Break 
9:45 a.m.–10:00 a.m. 

Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims 
10:00 a.m.–10:45 a.m. 

FMLA is ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and determining how much employees still have remaining in a given FMLA leave year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA usage—can help you prevent abuse of FMLA entitlements and fend off litigation. This session covers: 

  • How to give the four kinds of FMLA notices—on time and on point 
  • What to do if an employee refuses FMLA designation 
  • Selecting the best type of FMLA leave year for your organization 
  • Counting holidays that fall during leave 
  • Rules regarding “making up” FMLA leave 
  • Handling suspected FMLA abuse without running afoul of the FMLA 
  • How to legally terminate employees who are on or just returned from FMLA leave 

Mastering the Tough FMLA Issues 
10:45 a.m.–11:30 a.m. 

It’s one thing to grasp individual FMLA rules and another to put the pieces together in the real world. Intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. How is intermittent leave certified and calculated? What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how to handle a FMLA investigation by DOL. This session will help you learn about: 

  • Managing intermittent and reduced schedule leave 
  • Managing leave duration 
  • Calculating leave for fluctuating work schedules 
  • Determining leave rights when spouses work for the same company 
  • The rules regarding substitution of various different types of paid leave for FMLA leave 
  • When employees have job reinstatement rights and when they do not 
  • Tips on how to effectively manage a FMLA investigation by the DOL 

All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws 
11:30 a.m.–12:15 p.m. 

FMLA seems pretty comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. You need to know when other laws create different obligations—and how their requirements work in tandem with FMLA. 

  • Why FMLA serious health conditions are more likely to qualify as disabilities under the ADAAA 
  • When you should offer leave as a reasonable accommodation under the ADA, including a discussion of new ADA leave cases 
  • How to offer accommodations other than leave without violating the FMLA 
  • When you can follow workers’ compensation rules on FMLA information gathering 
  • When you can require employees to take FMLA leave concurrently with workers’ comp leave 
  • The interaction of FMLA with USERRA, GINA, COBRA, and other federal laws 

12:15 p.m.–1:15 p.m. 

Part II: Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings 
1:15 p.m.–4:00 p.m. 

During this highly interactive portion of the FMLA Master Class, our esteemed faculty of labor and employment attorneys will walk you through a series of scenarios demonstrating the real-life FMLA issues that stump even the most seasoned of HR practitioners. You’ll have the opportunity to discuss issues with your trainers and fellow attendees to determine the correct course of action to take, based on the facts presented and your knowledge of fundamental FMLA compliance principles. 

Recent court rulings, long-standing case law precedent, DOL interpretation opinion letters and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop with the goal of providing you with actionable insights into how to master the tricky FMLA issues that come up in daily work life. 

You’ll dive deep into: 

  • Addressing issues with medical certifications and what to do when: 
    • Certification submitted by employee is not sufficient 
    • Employee does not return the certification 
    • Employee refuses to update the certification if need for leave changes 
    • Employee does not submit fitness-for-duty certification at end of leave 
  • Intermittent leave 
    • Certification of need for intermittent leave 
    • Specific information on when leave is needed, expected frequency and duration 
    • What to do if an employee uses more leave than expected 
    • Abuse of intermittent leave (Mondays and Fridays, before and after holidays) 
  • Reduced schedule leave 
    • Certification and specific information on reduced hours, expected duration 
    • Updating certification 
    • Tracking leave time 
  • Addressing performance issues that arise prior to the request for leave 
    • What to do when an employee requests FMLA leave in the midst of the disciplinary process or just before discipline or termination steps are taken 
    • Addressing performance issues that arise during intermittent or reduced schedule leave 
    • Addressing performance issues discovered while an employee is on leave 
    • Reductions in force while employee is on FMLA leave 
  • Return to work—what to do if an employee is: 
    • Not able to return to work at end of leave (ADA considerations) 
    • Cleared to return to work with restrictions 
    • Temporarily unable to perform essential functions 
    • Unable to perform essential functions in the long-term 

Final Questions and Closing 
4:00 p.m.–4:30 p.m. 

Have lingering questions about points raised during this intensive FMLA hypo-driven workshop or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the attorneys before you wrap up for the day. 

Jennifer Asbrock 
Frost Brown Todd LLC 

Jennifer counsels and represents private and public employers in all areas of labor and employment law including: 

• Job-protected leave issues under FMLA, USERRA, ADA, and other federal and state laws 
• Labor negotiations and arbitrations 
• Union avoidance and election campaign strategies 
• Federal and state agency investigations, trials, and appeals 
• Employment discrimination, harassment, retaliation, and wrongful discharge cases and class actions 
• Federal and state wage-hour investigations and class/collective actions 
• Disability discrimination and failure-to-accommodate claims 
• Enforcement of restrictive covenants and protection of trade secrets 
• Affirmative action plans and OFCCP compliance 

In addition, Jennifer frequently works with employers to customize and present in-house training programs to educate employees and supervisors about employment laws and workplace policies. 

Jennifer BameJennifer Bame 
Frost Brown Todd LLC 

Jennifer is an Associate in the Labor and Employment Practice Group. While in law school, Jennifer served as Editor-in-Chief of the Washington University Journal of Law and Policy and as Vice President of the Women's Law Caucus. Prior to joining the firm, Jennifer served as law clerk to the Honorable Thomas H. Fulton, Chief Judge of the U.S. Bankruptcy Court for the Western District of Kentucky. Before that, Jennifer worked as an Assistant Public Defender in Miami-Dade County, where she represented indigent juveniles and adults through all stages of litigation. 

Amber BenochiAmber Benochi 
Frost Brown Todd LLC 

Amber is an Associate in Frost Brown Todd’s Louisville office. She focuses her practice on representing employers in a wide variety of labor and employment matters, including employment litigation, traditional labor work, and administrative hearings. Additionally, she advises employers on day-to-day human resource matters such as non-competition agreements, personnel policies and employee handbooks, reasonable accommodations, medical leave, and termination. 

Charles Bradley 
Frost Brown Todd LLC 

Charles G. Bradley has represented management exclusively in labor relations and employment law matters for almost a decade. After graduating from the University of Louisville’s Brandeis School of Law, with honors, in 2008, he practiced law for a prominent, regional labor and employment law boutique before joining Louisville-based ResCare as Associate General Counsel responsible for the Company’s labor and employment law matters for over 50,000 employees nationwide. He has assisted employers with proceeding before the National Labor Relations Board, the Equal Employment Opportunity Commission, and various state and local agencies, as well as in federal and state court. Mr. Bradley joined the Labor and Employment Practice at Frost Brown Todd in January, 2017. 

Susan LonowskiSusan Lonowski
Frost Brown Todd LLC 

Susan is a member in the Louisville office of Frost Brown Todd's labor and employment department. Susan has significant experience defending employers in federal and state courts in litigation involving Title VII, the Americans with Disabilities Act, the Family Medical Leave Act, wrongful discharge, breach of employment contracts, defamation, and enforcement of non-competition and non-solicitation agreements. She frequently lectures on these and other employment-related issues. Susan also has significant experience defending employers before local, state and federal administrative agencies, and she routinely counsels employers regarding human resources matters and compliance with state and federal employment laws. She also concentrates in the area of ERISA litigation. 

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