Labor & Employment

Happening Soon

Live Online

Disciplining and Terminating Employees on Leave

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
Arizona CPE for Accountants Approved 3.5 Total
New York CPE for Accountants Approved 3.5 Total
Washington CPE for Accountants Approved 3.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
HRCI Approved 3 Total
CPE for Accountants/NASBA Approved 3.5 Total
SHRM CP/SCP Approved 3 Total
Live Online
3 hours
Mark Tolman
Katherine Stryker
Ved Chitale
Joanie Winters
With Mark D. Tolman from Parsons Behle & Latimer + 3 others

Mon, Jun 08, 00:00 AM – 00:00 PM

Product ID 101948

Register For Course

Course Includes
$299

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

or
Upgrade to Unlimited CLE and Get This Course
$129/Month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

Overview

A Practical Legal Guide

The Family and Medical Leave Act entitles eligible employees to job-protected leave, but does it protect them from discipline or termination? The answer is not black and white. Employers seeking to discipline or discharge employees on leave must proceed cautiously - missteps may result in costly claims of leave interference, discrimination, or retaliation. This program will provide employers with a guide for conducting legally compliant discipline while an employee is out on leave. Learn how to handle prior performance issues, spot the warning signs of leave abuse, and deal with tricky intermittent leave challenges - register today!

  • Review the FMLA and understand how it interacts with the Americans with Disabilities Act.
  • Determine whether a disciplinary action is legal or discriminates against the employee.
  • Learn what to do when an employer has an honest belief of FMLA fraud or leave abuse.
  • Acquire best practices to protect your company from discrimination, retaliation, and leave interference claims.

Abbreviated Agenda

  1. The Family and Medical Leave Act (FMLA): Essentials for Employers
  2. Discipline, Termination, and Employees on FMLA Leave: A Legal Guide
  3. What to Do When You Suspect FMLA Abuse, Fraud, or Other Leave Misconduct
  4. Guarding Against Claims of Interference, Retaliation, and Discrimination

Can't Attend Live?

Pre-Order the OnDemand

We will notify you when the ondemand recording is available.

Related Topics

Product ID 101948

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
Arizona CPE for Accountants Approved 3.5 Total
New York CPE for Accountants Approved 3.5 Total
Washington CPE for Accountants Approved 3.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
HRCI Approved 3 Total
CPE for Accountants/NASBA Approved 3.5 Total
SHRM CP/SCP Approved 3 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. The Family and Medical Leave Act (FMLA): Essentials for Employers

    1. Covered Employers
    2. Eligible Employees
    3. Qualifying Conditions
    4. Interplay With the Americans With Disabilities Act (ADA)
    5. Challenges for Small Employers
    6. Recent FMLA Developments and Updates

  2. Discipline, Termination, and Employees on FMLA Leave: A Legal Guide

    1. Ensuring That Reasons for Discipline/Termination Are Non-Discriminatory
    2. When an Employee's Performance Suffers While on Intermittent Leave
    3. Uncovering Prior Performance Issues While an Employee Is on Leave
    4. Adjusting Employee Performance Expectations: When Does FMLA Require It?
    5. FMLA and Performance Improvement Plans
    6. Layoffs and Workforce Reductions: When Employees on Leave Are Impacted
    7. Responding to Insubordination or Misconduct While on Leave
    8. Case Study: Terminating an Employee on FMLA Leave

  3. What to Do When You Suspect FMLA Abuse, Fraud, or Other Leave Misconduct

    1. Common Types of Leave Abuse - and How to Spot Them
    2. "Honest Belief" of Fraud and Abuse: Is It Enough?
    3. Requesting Additional Information From Employees: Legal Issues
    4. Properly Using an Employee's Social Media Posts as Evidence of FMLA Abuse
    5. Intermittent Leave Abuse: Dealing With Excessive Absences and Other Attendance Violations
    6. When to Request Medical Recertification for Employees on Intermittent Leave
    7. Investigation Techniques That Won't Lead to Lawsuits
    8. Practical Tips for Gathering Evidence and Building Your Case
    9. Presenting Employees With Evidence of Leave Abuse: Legal and Practical Considerations

  4. Guarding Against Claims of Interference, Retaliation, and Discrimination

    1. Making Sure Supervisors and Managers Know the Law
    2. Maintaining Accurate and Up-to-Date Job Descriptions
    3. Documenting Performance Issues
    4. Timing Considerations for Discipline and Termination
    5. Issues With Interactions Between the FMLA, ADA, and Workers' Comp Laws

Who Should Attend

This program is designed for attorneys. Human resource professionals, accountants, and paralegals will also benefit.

Speakers

Mark D Tolman
Mark D.
Tolman
Parsons Behle & Latimer
Katherine E Stryker
Katherine E.
Stryker
Laner Muchin
Ved Chitale
Ved
Chitale
Andrews Myers, P.C.
Joanie Winters
Joanie
Winters
Winters Law Firm
Speaker bio
Mark D Tolman

Mark D. Tolman

Parsons Behle & Latimer
Mark Tolman

is a shareholder and employment and labor practice area co-chairperson in the Salt Lake City office of Parsons Behle & Latimer. He practices employment law and commercial litigation in matters before state and federal courts, Utah Labor Commission and Equal Employment Opportunity Commission. In addition to his active litigation practice, Mr. Tolman also works with employers to help them develop preventative employment practices and policies, and frequently provides in-house training to managers and non-managers alike. He is also the legal affairs director of the Salt Lake Chapter of the Society for Human Resource Management (Salt Lake SHRM). Mr. Tolman earned his B.S. degree, summa cum laude, at Weber State University and his J.D. degree, with honors, at the University of North Carolina at Chapel Hill.

View full profile
Speaker bio
Katherine E Stryker

Katherine E. Stryker

Laner Muchin
Katherine Stryker

joined Laner Muchin in 2022 and concentrates her practice in private and public sector employment litigation. She has experience working with clients on a wide range of complex legal issues, including handling claims brought under the FMLA, Title VII, ADA and the FLSA. Ms. Stryker is also well-versed in representing clients in cases at the EEOC and state and local agencies. Furthermore, she has experience in all aspects of pretrial litigation, including counseling clients though discovery, motion practice, as well as settlement conferences and mediations. Prior to joining Laner Muchin, Ms. Stryker worked at several boutique law firms in Chicago focusing on employment litigation; first as a law clerk and later as an associate, where she gained experience handling a myriad of employment litigation cases. Her prior experience representing both plaintiffs and defendants allows her to analyze complex legal issues through different lenses. Ms. Stryker earned her J.D. degree from Chicago-Kent College of Law where she also graduated with a certificate in Alternative Dispute-Resolution and Workplace Litigation. While in law school, she was an active member of the Moot Court Honor Society, where she served as vice president for the 2018-2019 academic year and received an award for Second Best Oral Advocate at the Evans A. Evans Constitutional Law Moot Court Competition. Ms. Stryker also served as a judicial extern for the Honorable Judge Diane J. Larsen of the Circuit Court of Cook County. She also received the CALI Excellence for the Future Award in Trial Advocacy I and was named to the Dean's List each semester. 

View full profile
Speaker bio
Ved Chitale

Ved Chitale

Andrews Myers, P.C.
Ved Chitale

is an attorney at Andrews Myers, P.C. As a board-certified labor and employment attorney, he regularly advises clients on various labor and employment issues such as discrimination, trade secrets, non-competes, non-solicits, unfair labor practice charges, FMLA leave, benefits policies, employment manuals and policies, wage and hour laws, employment contracts, workers' compensation, WARN Act, OSHA, and more. Mr. Chitale routinely drafts employment manuals, employee wage and hour classification policies, employment contracts, severance agreements, bonus agreements and more, in a manner that best protects his clients' interests. A significant portion of his practice involves dealing with government agencies such as the EEOC, Department of Labor, NLRB, DHS, OSHA and even the IRS. Mr. Chitale earned his B.A. degree from Texas A&M University and his J.D. degree from the University of Houston Law Center.

View full profile
Speaker bio
Joanie Winters

Joanie Winters

Winters Law Firm
Joanie Winters

is an attorney with Winters Law Firm. She has over 30 years of management, human resources and legal experience. In 2003, Ms. Winters opened her law firm with a focus on labor and employment law. In addition to providing legal guidance to public and private employers, she serves as the county attorney Chester County. Ms. Winters worked as a human resources manager and consultant for more than ten years. She also enjoys sharing her knowledge as an adjunct professor at Winthrop University. Ms. Winters earned her bachelor's degree from Rosemont College and her J.D. degree from University of South Carolina.

View full profile
Loading recommendations...

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 7 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us