Q: We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the second or third opinion, how long can we rely on it? That is to say
March 2013
Court Rules That Third Party Administrators Can Be Held Liable for FMLA-Related Violations
By Jeff Nowak on
Posted in Court Decisions
Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer’s human resources or benefits department. TPAs often utilize nurse case managers to help make leave determinations, and they generally oversee the FMLA administration.
Where a TPA…
How Can Congress Improve the FMLA? Let’s Count the Ways…
By Jeff Nowak on
Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act.
On one hand, employee advocates are calling for a broad expansion of the FMLA that would allow for paid leave or broader coverage (e.g.…