FMLA Extension: When 12 Weeks Is Not Enough (Latest Updates)

It is important if not critical for Employers to have an in-depth understanding of the Family Medical Leave Act (FMLA) impacts their company. The ability to manage the idiosyncrasies of the processing of FMLA and how one processing failure can result in thousands of dollars in fines & penalties, auditing by the Department of Labor (DOL), cost of investigations, loss productivity and the cost of misuse by employees. In addition, statistics shows that over 61% of Employers have difficulty managing FMLA leave and intermittent leave.

When you add the complexities of other new mandatory regulations like leave regulations, reasonable accommodation and currently or soon to be legally effective, the possibility of FMLA overlapping with the American with Disabilities Act (ADA), the increase of discrimination claims and wrongful termination allegations by employees, it is no wonder that this long time leave process is an administrative nightmare for Employers.

Many Employers are confused about what to do if an employee requests additional leave to manage their illness or their family member’s illnesses. Should Employers extend the unpaid leave on a case by case basis or should they limit those decisions across the board. Additionally, when does the ADA supersede FMLA? Is there reasonable accommodations that can be offered? Does the Employer risk violations when making these decisions?

Areas Covered

• What are the challenges with employee on FMLA leave who do not pay for their benefits?
• Is extended leave part of the ADA reasonable accommodations requirements?
• How can the DOL assist with FMLA extensions?
• How do Employer policies impact decisions of FMLA extensions?
• How can Employers protect themselves against FMLA retaliation when deciding to not extend FMLA for employees?
• What is the best way to accommodate employees without impacting your company?

Learning Objectives

• How does the DOL manages FMLA extension requests?
• How should HR professionals manage FMLA extension requests?
• What about third-party administrators (TPA) if you out source your FMLA Administration?
• How does the ADA regulate decisions about reasonable accommodation requests?
• What policies should be in place to mitigate allegations of retaliation?
• What policy will decrease your risk when you integrate it with you Employee Handbook?
• What if you need to terminate an employee after they complete their 12 week FMLA Leave?
• How can the Employer protect themselves from hard decisions in rejecting FMLA extension requests?

Bonus: Free FMLA Checklist for All Attendees

Who Should Attend

• Employers with over 50 employees or close to 50 employees
• Small business owner
• HR professionals
• Compliance professionals
• Office Managers
• Supervisor/Managers
• Payroll professionals
• Accounting Professionals
• Tax Professionals
• Benefit Professionals
• Compensation professionals

Speaker(s)

Margie Faulk

Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few.

Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).

CEUs

The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

Credits: 1.5

Compliance Prime is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org

Credits: 1.5

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