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How To Identify And Investigate FMLA Abuse

how-to-identify-and-investigate-fmla-abuse
Webinar: ID# 1042560
Recorded On-Demand
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About This Course:
Learn Steps For Handling Potential FMLA Abuse

It is unfortunate that HR professionals actually have to manage abuse of employee leave - but it is a reality, as more and more employees utilize the FMLA as a means to avoid disciplinary action for poor attendance and tardiness. But what can HR do? Well, a lot.

Even though the FMLA regulations are complex, confusing, and present loopholes that are easy to exploit, companies should not be reluctant to deny leave or terminate troublesome employees for fear of being sued. This training session will help you identify exactly what you can do - and how to take decisive action in even the most delicate situations.What You'll Learn:This training session gives guidance for handling potential FMLA abuse. By attending, you will learn:

  • Strategies for identifying abuse
  • Employer obligations under the Family and Medical Leave Act
  • The most common abuses of FMLA and why it's happening
  • Recent changes to the FMLA that make it easier for employers to curb abuse
  • Company policies you must have in place to effectively manage FMLA leave-and abusers of leave
  • How to leverage your internal resources to prevent FMLA abuse
  • How to identify abuse - and the individuals you need to involve in an internal investigation
  • The basic steps in how to conduct an effective investigation and how to acquire physical, documentary, and testimonial evidence
  • How to effectively document FMLA to confront abusers
  • How to take effective steps managing FMLA abuse investigations
  • The risks in just getting testimonial evidence to support a FMLA abuse case
  • How to evaluate investigative findings and prepare a report that is court-ready

Top FAQs

Handling claims, medical certifications, return-to-work, terminations, and more.
Arguable the most confusing aspect of Leave Management is understanding the benefits for each law - including knowing both state and federal law - for FMLA, ADA, and other laws, especially if the various laws conflict or overlap. More Info
While many payroll-related regulations are federally-governed, there also are many state requirements, including those for handling garnishment, final paychecks, and unclaimed paychecks. Each state's requirements differ in the details, so be sure to check your state's requirements by clicking the applicable link(s) at the bottom of this page.
Several, including hostile or violent employees, retaliation lawsuits, state or federal repurcussions from broken laws, and affects on your workforce.
Leave Management laws include FMLA, ADA, COBRA, Workers' Comp, and more.
Respond promptly and responsibly, assess, plan, investigate, evaluate, conclude.
Payroll is much more than just handing out paychecks, and includes a variety of responsibilities such as handling garnishments, travel pay, multi-state taxation, unclaimed paychecks, and much more in a timely and accurate fashion.
In business since the mid-1990's, we have over 25 years of experience delivering high-quality training content via seminar, webinar, online, and other formats. Each of our courses are delivered by an industry expert who will share his or her years of experience to help you be in compliance, smarter, and more productive, and almost all offer SHRM and HRCI credits.
Leave management includes the processes and requirements of managing employee absences, such as vacation, holidays, sick leave, and parental leave.
They definitely can be. For instance, though FMLA permits up to 12 weeks of leave, certain employees always seem to take a Friday or Monday off under leave laws, so employers need to know what and how they can fight against abuse.
Payroll Administrators must be able to:
  • Properly "classify" workers
  • Apply the various exemptions
  • Calculate gross pay and properly make deductions
  • Correctly identify, pay, and withhold taxes for employees
  • Administer deferred compensation, cafeteria plan, sick pay, and other compensation
  • Handle stock options, expense reimbursements, relocation, and other "expenses"
  • Follow the proper policies, procedures, and documentation requirements for garnishments and levies
  • Properly complete and file all required reporting requirements
  • Correctly complete year-end requirements and establish year-beginning requirements
  • Implement and maintain fraud, audit, disaster recovery, and record retention processes and procedures
Common law, retaliation, Assault & Battery, Defamation, Privacy, and more.
An "internal" or "workplace" investigation is a formal inquiry regarding allegations of wrongdoing to determine whether laws or corporate policies have been violated.
Probably the largest pitfall is the reaction of your employees, especially if the investigation is handled poorly. For instance, the company does not investigate theft allegations, tells the accused details from an accuser's accusations, and loss of profits and reputation.
In addition to ensuring that employees are paid correctly and on time, "Payroll" has numerous time and reporting requirements. The primary payroll areas include paychecks, reporting, operations, and management.
Employers must know the legal obligations that require them to conduct internal investigations, how to gather documentary and physical evidence, how to effectively handle witness interviews, and how to apply discipliary action or termination.
Continuing Education Credits:

Click the 'Credits' tab above for information on PHR/SPHR, PDCs, and other CE credits offered by taking this course.
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How To Identify And Investigate FMLA Abuse
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