Since the Family and Medical Leave Act (“FMLA”) was signed into law, employers have been faced with the challenge of ensuring compliance with the statute’s requirements while also developing strategies to prevent employees from taking unfair advantage of the system. Although confusion surrounding employers’ obligations under the FMLA continues to be an issue, many employers have successfully developed policies to prevent employees from taking FMLA leave they are not entitled to take. Abuse can be difficult to identify and may be even more difficult to address. In addition to the FMLA, there are a host of other laws that protect employees while taking leave. While most employees will not abuse these rights, many will. Those who abuse the system create many headaches for employers and causes morale problems among those who are not abusing the system. Intermittent leave tends to be the most susceptible to abuse and the most difficult for employers to address. How do you identify the abuse and what can you do about it?

Areas Covered:

• What types off leave are most likely to be abused and why.
• How to uses medical certifications to combat abuse.
• “Red flags” that suggest an employee might to be abusing leave.
• Conducting the proper investigation into potential abuse.
• Avoiding retaliation claims when terminating after FMLA leave.
• Documentation “dos” and “don’ts” when disciplining or terminating employees for excessive or fraudulent leave.

Who Will Benefit:

Human resources managers, human resource generalists, risk managers.

Speaker(s)

Susan Fahey Desmond

Susan Fahey Desmond is a principal in the New Orleans office of Jackson Lewis P.C. Jackson Lewis is a labor and employment law boutique firm with offices in over 54 cities across the country. In addition to being a frequent speaker and author, Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers. The National Association of Professional Women recently named her as a VIP Woman of the Year.

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