1. Employee Leaves of Absence: Understanding How Various Legal Authorities Work Together (Three-Session Series)

Employee Leaves of Absence: Understanding How Various Legal Authorities Work Together (Three-Session Series)

Employee Leaves of Absence: Understanding How Various Legal Authorities Work Together (Three-Session Series)
Event ID: 40034
Session ID: 13997

Duration: Each session was scheduled for 90 minutes including question and answer session.
Presenter(s): Melissa Fleischer, attorney at law, and president, HR Learning Center, LLC
Price: $8499.00, DLs include full audio presentation, question and answer session, and presentation slides.
CE Credits: Each session has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute. Each session is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP.
Who Should Attend? HR, training, in-house counsel, financial officers, and CEOs

A number of federal laws govern situations in which an employee may need to be absent from work, perhaps due to an illness, accommodation, or family situation. Additionally, a number of states and localities are requiring that employees receive a minimum amount of sick leave. This is an area not covered by federal law, and each state or locality has its own requirements. There are numerous situations in which multiple laws could apply at both the federal and local level. How do these laws interact when determining how to handle an employee’s leave request? What are your obligations under the FMLA, ADA, state or local law when it comes to employee leave?

Please join Melissa Fleischer for this three-session series in which she covers several key components of the leave of absence puzzle: FMLA compliance, the ADA-required interactive process, and the emerging area of state and local sick leave requirements. This series will provide attendees with the tools to help you address your employee leave of absence decisions in a manner compliant with applicable laws and regulations.


Session 1 covered compliance with the FMLA, including:

  • Step-by-step checklist for how to ensure FMLA compliance, from when employee first takes leave until the end of the leave
  • Review of HR’s responsibilities for ensuring that the employee is eligible and is taking leave for an FMLA-qualifying reason
  • Understand the legal definition of a serious health condition and how to apply this definition when approving FMLA leave
  • Learn the definitions of parent, spouse and child
  • Tips on counting the 12-month period
  • Medical certifications and recertifications: What you can and cannot do
  • Intermittent and reduced schedule leave
  • Reinstatement to the same or an equivalent job
  • Tips for drafting a legally compliant FMLA policy

Session 2 covered the ADA interactive process, including:

  • Review the latest guidance and cases under the ADA focusing on the interactive process
  • Discuss when you must engage in the interactive process
  • Find out when it’s safe to not engage in the interactive process
  • Understand the steps to follow when engaging in the interactive process
  • Learn how to deal with uncooperative employees who try to delay or derail the interactive process
  • See for how long you must continue the interactive process
  • Discover how many times you must try alternative accommodations
  • Review actual examples of how to engage in the interactive process

Session 3 covered state and local sick leave laws, including:

  • No requirement for paid leave under federal law
  • Which states and localities have paid sick leave laws
  • What these jurisdictions usually require in terms of paid sick leave
  • How accrual works under these laws
  • What policies are necessary for paid sick leave
  • How to avoid potential legal pitfalls of paid sick leave


Your conference leader for “FLSA Employee Leaves of Absence: Understanding How Various Legal Authorities Work Together (Three-Session Series)” is Melissa Fleischer, attorney at law. Ms. Fleischer is a management-side employment attorney with 20 years of experience representing clients in employment law discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center, LLC offers training seminars, webinars, and consulting on workplace and human resources issues. Ms. Fleischer is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her J.D. degree from the George Washington University School of Law.

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