BLR Webinar: FMLA Certification
Some of the most common questions thrown at us by clients involve how to effectively navigate the medical certification process. Join us on Tuesday, December 21, at 12:30 p.m. CST, for a webinar entitled "FMLA Certifications: How to Effectively – and Legally – Use This Weapon To Combat Abuse."
Overview
Medical certifications may just be the most effective tool in your arsenal for combating abuse of leave rights under the Family and Medical Leave Act (FMLA). They provide valuable insight into whether a claimed condition qualifies as a serious health condition.
Surprisingly, though, many employers don’t take advantage of this powerful weapon for combating abuse. As a result, they’re left second-guessing whether an employee’s ailment qualifies them for protected leave.
Additionally, if an employee presents you with a doctor’s note for an absence, it’s in your best interests to request a medical certification. Otherwise, if you accept a note stating that an employee can’t work and you later terminate that employee—say, for excessive absenteeism—it’s quite likely that a court will find that you forfeited the right to challenge an assertion that he or she was covered under FMLA in the first place.
Join us on Dec. 21 for an in-depth, 90-minute webinar on how to use medical certifications as a powerful weapon in curbing FMLA abuse. Our speakers – both seasoned labor and employment attorneys – will explain the types of juicy nuggets of information you can learn from completed certifications so you can properly assess whether leave is medically necessary.
You and your colleagues will learn:
- The questions you may ask a medical provider, and the legal line you must never cross when requesting medical information
- How to tweak your FMLA certification form so you get the specific information needed to determine whether the leave is protected under federal law
- Why you should always include a copy of the job description with your request for a certification
- Best practices for handling situations where employees have the “Monday/Friday” call-in syndrome, so you can minimize abuse
- How to request re-certifications in a way that gets you the information you need when the original certification was effectively useless due to vagueness or ambiguity
- When you may ask for second or even third opinions, and how much information you can request on a claimed condition in those cases
- How long employees have to produce an acceptable certification when the need for leave is unforeseeable
- Why your failure to get completed certifications can cause you legal grief
- When you should feel confident that a judge or jury would stand behind your decision to deny leave based on the language provided in a medical certification or re-cert
Thanks to BLR for inviting us to present this program. Visit BLR on the web for more information and to register: http://catalog.blr.com/product.cfm?product=30712000
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