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Managing FMLA in the Workplace


Level: Advanced
Runtime: 91 minutes
Recorded Date: May 31, 2018
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Agenda


  • Overview: FMLA
  • Medical Certification and Recertification
  • The Intersection of FMLA Leave, Performance Issues, and Disciplinary Actions
  • Concerns Related to Intermittent and Reduced-Schedule FMLA Leave
  • FMLA Abuse and How to Curb It
  • Conclusion
  • Q & A
Runtime: 1 hour and 31 minutes
Recorded: May 31, 2018
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Our panel of experts will provide guidance on managing FMLA, discussing recent case law and common scenarios. Managing an employee's FMLA leave is a complex task. What can employers ask the employee about leave? Can they require the employee to turn in a doctor's note?

This program was recorded on May 31st, 2018.

Provided By

American Bar Association
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Panelists

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Valerie A. LeFevere

Senior Associate
Kalijarvi, Chuzi, Newman & Fitch, P.C.

Ms. LeFevere is admitted to practice in the District of Columbia, Virginia and Maryland. In addition, Ms. LeFevere is admitted to practice before the following courts: United States Court of Appeals for the Fourth Circuit; United States District Court, Eastern District of Virginia; United States District Court, Western District of Virginia; and the United States District Court, District of Columbia.

Ms. LeFevere's practice areas include public and private sector employment law, discrimination and harassment, medical leave, disability issues, and severance agreements.

On December 9, 2015, Ms. LeFevere taught two workshops for the National Business Institute's Employment Law Seminar. In the "Managing Employee Leaves of Absence" workshop, she discussed various aspects of the FMLA, ADA, Title VII, and USERRA, including the qualifying reasons for leave under each statute, special considerations for intermittent leave, notice obligations, and reinstatement rights. In the "Dealing with the Troubled/Troubling Employee" workshop, she discussed the importance of consistently-applied employee discipline plans and proper documentation to avoid disparate discipline claims, and what courts consider to be acceptable restrictive covenants in separation agreements.

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Joan G. Hill

Senior Technician, Attorney
United Steelworkers International Union

Joan G. Hill is a Senior Technician and attorney at the United Steelworkers International Union.

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Christine Schott

Senior Advisor
U.S. Department of Labor

Christine Schott is a Senior Advisor at U.S. Department of Labor, Wage and Hour Division, FMLA and OLS Branch.

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Jeff Nowak

Partner
Franczek Radelet

Jeff serves as co-chair of the firm's Labor and Employment Practice. Jeff represents private and public sector management clients in all areas of labor and employment law. He regularly counsels and litigates single- and multi-plaintiff matters relating to employment discrimination and traditional labor claims, and has extensive trial experience before labor arbitrators, judges and juries, in both federal and state courts and before administrative agencies. He has extensive experience dealing with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), including counseling clients on compliance with FMLA regulations, conducting FMLA audits and training, and successfully litigating FMLA and ADA lawsuits.


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