Overview
FMLA requirements can be complex, and mistakes in eligibility, leave designation, documentation, or reinstatement can create significant compliance risks for employers. This webinar provides a practical look at the key FMLA rules employers and managers need to understand when administering leave.
Participants will review employer and employee eligibility, qualifying reasons for leave, notice and certification requirements, intermittent leave, and situations where FMLA leave may be denied. The program will also cover reinstatement rights, key employee considerations, fitness-for-duty requirements, and common management mistakes.
The session will conclude with practical tips for recognizing potential FMLA situations, improving documentation, and managing leave more effectively, followed by an opportunity for Q&A.
Areas Covered
I. Introduction & FMLA Basics (10 minutes)
· What is FMLA?
· Purpose and legislative history
· Which employers are covered?
· Who are eligible employees?
· What are the eligibility requirements (12 months of employment, 1,250 hours, 50 employees within 75 miles)?
II. When Is FMLA Leave Required? (10 minutes)
· Qualifying reasons triggering employer obligations
· Employer's duty to inquire when leave may be FMLA-qualifying
· Obligation to designate leave as FMLA even without employee request
· Interaction with other leave laws (ADA, state family leave, workers' compensation)
III. Types of FMLA Leave (10 minutes)
· Employee's own serious health condition
· Family care (spouse, child, parent with serious health condition)
· Family bonding (birth, adoption, foster care placement)
· Military Family Leave (qualifying exigency and military caregiver leave)
· Intermittent and reduced-schedule leave
IV. FMLA Request & Approval Process (10 minutes)
· How can an employee request FMLA leave?
· Employee and employer notice requirements
· Determining eligibility
· Designating FMLA leave
· The manager's role in the approval process
V. FMLA Certification & DOL Forms (10 minutes)
· When is certification required?
· What information is included with the certification?
· Certification timing and deadlines
· Recertification — when and how often
· DOL FMLA Forms: https://www.dol.gov/agencies/whd/fmla/forms
VI. When FMLA Leave Can Be Denied (15 minutes)
· Employee does not meet eligibility requirements
· Condition does not qualify as a "serious health condition"
· Insufficient or incomplete certification
· Failure to provide timely notice (foreseeable leave)
· Exhaustion of the 12-week (or 26-week military caregiver) entitlement
· Key employee exception
· Fraud or misuse of FMLA leave
VII. Reinstatement Rights & Rules (15 minutes)
· Right to reinstatement to same or equivalent position
· What constitutes an "equivalent position" (pay, benefits, terms, and conditions)
· When reinstatement can be denied:
· Key employee exception (salaried, highest-paid 10%)
· Employee would have been terminated regardless of leave (e.g., layoff, misconduct)
· Employee unable to perform essential functions upon return
· Failure to return fitness-for-duty certification (if required)
· Fraudulent use of leave
· Employer notice obligations regarding key employee status
· Light duty and reinstatement considerations
VIII. Practical Tips for Managers & Q&A (10 minutes)
· Common manager mistakes and how to avoid them
· Documentation best practices
· Recognizing potential FMLA-qualifying situations
· Questions and answers
