Recovering Premium Payments from Employees After They Fail to Return from FMLA Leave - Podcast No. 20
In this month's podcast, we propose a "to do" list of items employers should consider to ensure their FMLA policies and practices are effective in the New Year. We cover topics such as revisions to your FMLA policy and forms, how to best calculate FMLA leave, and revisiting job descriptions and personnel policies so as to best administer FMLA leave.
Your employee has requested leave due to a serious health condition - either his or her own, or to care for a family member. You've sent out the notices, received a medical certification, and designated an employee's leave as FMLA. However, as the weeks or months go by, you're not so sure that the employee still legitimately needs FMLA leave. What are your options? In this podcast, we discuss the ins and outs of recertification, including what it is, and when and how you can request it.
What can you do when you receive a medical certification from an employee, but you think it might be fraudulent, or you just don't understand what the doctor has written? In these instances, does the FMLA allow you to contact the employee's health care provider directly to inquire? In this podcast, we explain the circumstances under which an employer may authenticate or clarify medical certification - without violating the rules.
The medical certification is perhaps the employer's most important tool for managing FMLA leave. Unfortunately, many employers simply don't use the certification process, or don't use it properly. In this podcast, we discuss why medical certifications are important, when and how to request them, and what to do when an employee fails to return a complete and sufficient certification within the allotted time.
“Notice of Eligibility? Designation Notice? Medical certification form? I give up!”
We often hear from clients that they have a tough time properly responding to an employee’s request for leave that might be covered by the FMLA. Clearly, under the new FMLA regulations, employers must be able to master this response.
After listening to this month’s FMLA Insights podcast, employers will have a clear understanding of what their responsibilities are when responding to a request for leave.
During the podcast, we will reference the DOL’s model Notice of Eligibility and Rights and Responsibilities (WH-381) and Designation Notice (WH-382).
One of the key elements of the FMLA is an employee’s right to return to the same or equivalent position when he or she returns from FMLA leave. This right of reinstatement is subject to very limited exceptions.
However, what should an employer do when the employee’s performance deficiencies are uncovered while the employee is out on FMLA leave, or when it is forced to lay off employees due to economic conditions? In these situations, may the employer take action against the employee despite his or her leave status? This month’s podcast addresses this common issue.
Listen to the April 2010 Franczek Radelet FMLA Insights podcast:
In this edition of our podcast, we discuss attempts to use the FMLA to obtain leave for travel and recreational purposes. We tackle questions including:
Listen to the March 2010 Franczek Radelet FMLA Insights podcast:
In this edition of our podcast, we discuss how an employer should properly administer FMLA leave when it is needed for pregnancy-related matters or upon the birth of the child. We tackle common questions such as:
Listen to the February 2010 Franczek Radelet FMLA Insights podcast:
In this edition of our podcast, we discuss some of the issues that can arise when an employee exhausts his or her available FMLA leave – and why immediate termination may be a risky move.
Listen to the January 2010 Franczek Radelet FMLA Insights podcast:
In this very merry edition of our Podcast, we walk through the winter wonderland of FMLA leave, and discuss some common holiday-related FMLA issues, such as how to count FMLA leave during a holiday week.
Listen to the December 2009 Franczek Radelet FMLA Insights podcast:
In this month’s podcast, we analyze recent FMLA amendments that expand an employee’s right to take leave due to “qualifying exigencies” arising from family members’ military service, and to care for family members injured in the course of military service.
The podcast also provides an overview of pending legislation that would require paid leave, expand the categories of individuals eligible for FMLA leave and broaden the reasons under which they could take leave.
Listen to the November 2009 Franczek Radelet FMLA Insights podcast:
In this month’s podcast, we take a look at how light duty works under the FMLA, and explain what employers can and cannot require of employees.
Listen to the October 2009 Franczek Radelet FMLA Insights podcast:
In this month’s podcast, we take a look at the myth that employers cannot follow up with an employee’s health care provider to clarify or authenticate a medical certification. While there are still some important limitations, the new FMLA rules provide employers with some additional flexibility in following up on medical certifications. We provide an overview of the rules and limitations, and talk about some other ways that employers can look further into suspect leave requests.
Listen to the September 2009 Franczek Radelet FMLA Insights podcast:
Many employers, as a matter of policy or practice, do not consider whether an absence may qualify as FMLA leave until an employee has been absent for more than three days (or even longer). In this month’s podcast, we explain why this may not be the best approach to managing intermittent FMLA leave and what employers can do to get a better handle on FMLA abuse.
Listen to the August 2009 Franczek Radelet FMLA Insights podcast:
When an employee is certified to take intermittent FMLA leave for a serious health condition, can the employer require additional documentation, such as a doctor's note, confirming that each absence was legitimately covered by the FMLA? If not, what can employers do to verify that employees are using FMLA leave for legitimate purposes?
Listen to the July 2009 Franczek Radelet FMLA Insights podcast:
At one time or another, even the most experienced HR professional has inadvertently failed to designate an absence as FMLA leave. When an employer fails to designate an absence as FMLA leave, how should it address the situation when it later uncovers the oversight?
Listen to Franczek Radelet's podcast on designating FMLA leave after you missed the deadline: