FMLA and Medical Certification—How To Deal With Complex Situations

Description

Before employers can authorize FMLA leave—and later ensure that leave is being used properly—they must obtain a completed medical certification. However, many employers regularly struggle with the details of what constitutes a health care provider’s certification, the mechanics of obtaining such documentation, its content and sometimes even all three. Even employers who are familiar with the requirements of the FMLA may still feel uncertain knowing: what’s required for a valid medical certification, what the limits are on their ability to obtain additional or updated information in the course of leave, when an employee plans to return to work, the details of medical certifications and which ones are valid and which ones are not. On top of that, submissions are sometimes challenged, and subsequent documentation can often be the source of concern in many work settings.

 
 
By the end of this audio conference, you will be able to identify how the Department of Labor and the courts have viewed the subject of medical certification requirements, and be able to grant or deny leave requests with greater confidence and a reduced fear of litigation. This audio conference features the premier national speaker on this issue, Peter Susser, author of Thompson Publishing Group Inc.’s “Family and Medical Leave Handbook,” and Howard Sandler, M.D.
 
During this audio conference, Mr. Susser and Mr. Sandler address and answer the following questions and more in detail:
 

  • What professionals can provide a health care provider’s certification under the FMLA?
  • How can an employer challenge a medical certification?

·        What can you as an employer do if observed absences diverge from what was forecast in the certification?
·        Under what circumstances can you obtain re-certifications?
·        What about return-to-work certifications?
·        How do FMLA certifications differ from medical exams carried out for ADA or workers' compensation purposes?
 
Order the CD from Thompson Interactive
 
 

Recording Date

15 Nov 2007

Speakers

Peter Susser is a partner in the Washington, D.C. office of Littler Mendelson, the nation’s largest employment and labor law firm, and is a member of its firm-wide Executive Committee. He is the author of Thompson Publishing Group's "Family and Medical Leave Handbook," and has substantial expertise in the design and implementation of human resources policies, particularly those that relate to leave and disability issues. Mr. Susser has defended against claims arising under the FMLA, and he also has represented employers on a wide variety of other workplace issues, including the development and enforcement of drug and alcohol policies, the defense of sexual harassment claims, and the handling of traditional labor law matters (e.g., union organizing, collective bargaining, unfair labor practice litigation, and labor arbitrations).  
 
Howard Sandler, M.D. physician and frequent speaker on FMLA issues.

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