FMLA Master Class: Florida Advanced Skills for Employee Leave Mgt (AHM)

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Courtyard Marriott Miami Downtown/Brickell

200 SE 2nd Avenue

Miami , FL 33131

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2020 FMLA Master Class: Florida Advanced Skills for Employee Leave Management

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On-Site Seminar:

Miami, Florida | Tuesday, February 25, 2020

Morning Focus: Master FMLA Essentials to Make Sure Your Knowledge Foundation is Up to Date

Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application

Lunch is included with your registration!

The 2020 FMLA Master Class: Florida will teach you how to apply essential Family and Medical Leave Act (FMLA) compliance principles to successfully navigate tricky FMLA-related compliance waters, so you can consistently make the right call as to FMLA eligibility, notice and medical certifications, how to control and prevent FMLA abuses, and overall avoid expensive mistakes that could lead to lawsuits and costly fines.

Employee leave management is one of the biggest ongoing challenges for HR professionals. There are voluminous Department of Labor (DOL) regulations to grapple with and a steady stream of new federal court rulings on FMLA interference and retaliation being handed down each year. Led by experienced labor and employment attorneys, this class provides intensive instruction to help you master real-life FMLA challenges with insights into recent rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—you’ll learn actionable examples on how to legally handle tricky FMLA issues that come up in daily work life.

This all-day workshop, which includes ample time for discussion, will provide you with comprehensive instruction on:

New and existing FMLA regulations

The latest FMLA-related court rulings

How to solve every day FMLA administration challenges concerning:

leave requests and FMLA eligibility;

medical certifications;

intermittent and reduced schedule leave;

employee performance issues and discipline;

how to count FMLA leave during holidays and plan for office shutdowns;

the intersection of FMLA with disability laws, such as the Americans with Disabilities Act and state workers’ compensation law;

And more!

Master Class Agenda


7:30 a.m.–8:30 a.m.

Part I—Mastering FMLA Fundamentals

FMLA Eligibility: Granting Leave When It’s Due and Getting It Right

8:30 a.m.–9:00 a.m.

Could you be missing critical first steps in managing FMLA leave—determining employee eligibility? A defined, consistent process helps you not only deny leave when employees don’t qualify, you’ll grant leave for a period that is reasonable and necessary when they do. In this opening session, gain new insights on eligibility determinations and recent trends and developments affecting leave. You’ll be armed to adjust policies and practices in 2019 to ensure compliance with the changing regulatory, legal, and practical landscape. You’ll learn:

How to determine FMLA eligibility quickly and easily

How the FMLA rules and related court decisions define who qualifies as a covered family member

How to coordinate leave for workers caring for adult children

Rules related to determining in loco parentis status

How to coordinate state and federal leave when definitions of “covered family member” differ

Managing Serious Health Conditions and Medical Certifications

9:00 a.m.–10:00 a.m.

At the heart of many FMLA leave requests is the serious health condition. The regulations do offer some guidance and allow you to require medical certification, yet there are a multitude of reasons for needing time off. Assessing those reasons requires keen judgment, and this session will show you how to make the right call. You’ll learn about:

Illnesses and injuries that may be serious health conditions -- even though the regulations say they generally aren’t

How many health conditions it takes to be “serious”

What to do if a medical certification is incomplete or unclear

Your options if an employee or doctor doesn’t cooperate with obtaining the required certifications

When you may require employees to provide recertification of a serious health condition

The “do’s and don’ts” of return-to-work certifications


10:00 a.m.–10:15 a.m.

Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims

10:15 a.m.–11:00 a.m.

FMLA is ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and for determining how much leave employees have remaining in a given year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA usage—can help you prevent abuse of FMLA entitlements and fend off litigation. This session covers:

How to give the four kinds of FMLA notices—on time and on point

What to do if an employee refuses FMLA designation

Selecting the best type of FMLA leave year for your organization

Counting holidays that fall during leave

Rules regarding “making up” FMLA leave

Handling suspected FMLA abuse without running afoul of the law

How to manage employee leave without risking claims of interference

How to legally discharge employees who are on or just returned from FMLA leave

Mastering Tough FMLA Issues

11:00 a.m.–12:15 p.m.

It’s one thing to understand FMLA rules, but another thing entirely to apply them in the real world. For example, intermittent leave seems pretty straightforward, but what about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? How do you handle an investigation by DOL? This session will show you:

How to manage intermittent and reduced schedule leave

How to handle leave duration

How to calculate leave for fluctuating work schedules

Rules on substitution of various types of paid leave for FMLA leave

When employees have job reinstatement rights and when they do not

Tips on how to effectively manage an FMLA investigation by the DOL

Networking Power Lunch (included with your registration)

12:15 p.m.–1:15 p.m.

All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws

1:15 p.m.–2:30 p.m.

FMLA seems pretty comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. You need to know when other laws create different obligations—and how their requirements work in tandem with FMLA. In this session we’ll cover:

How FMLA and ADA interact

Why FMLA serious health conditions are more likely to qualify as disabilities under the ADAAA

When you should offer leave as a reasonable accommodation under the ADA, including a discussion of ADA leave cases and agency guidance

How to offer accommodations other than leave without violating FMLA

When you can require employees to take FMLA leave concurrently with workers’ comp leave

Recent developments in state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends


2:30 p.m.– 2:45 p.m.

Part II—Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings

Applying Your Knowledge

2:45 p.m.–4:00 p.m.

In this highly interactive portion of the FMLA Master Class, your faculty of labor and employment attorneys will walk you through a series of scenarios illustrating real-life FMLA issues that stump even the most seasoned of HR practitioners. You’ll discuss case-studies with the lawyers and fellow attendees to determine the correct course of action, based on the facts and FMLA compliance principles.

Recent court rulings, long-standing precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop to provide actionable guidance on tricky FMLA challenges facing HR and employers in 2019. We’ll dive deep into:

1. Medical certifications and what to do when:

Certification submitted by employee is not sufficient

Employee does not return the certification

Employee refuses to update the certification if need for leave changes

Employee does not submit fitness-for-duty certification at end of leave

2. Intermittent leave

Certification of need for intermittent leave

Specific information on when leave is needed, expected frequency and duration

What to do if an employee uses more leave than expected

Abuse of intermittent leave (Mondays and Fridays, before and after holidays)

3. Reduced schedule leave

Certification and specific information on reduced hours, expected duration

Updating certification

Tracking leave time

4. FMLA during holidays and shutdowns

How to count FMLA leave during holidays

Administering FMLA leave during extended plant or office shutdowns

Determining whether an employee on FMLA leave during holidays is entitled to holiday pay

5. Addressing performance issues that arise prior to the request for leave

What to do when an employee requests FMLA leave in the midst of the disciplinary process or just before discipline or termination steps are taken

Addressing performance issues that arise during intermittent or reduced schedule leave

Addressing performance issues discovered while an employee is on leave

Reductions in force while employee is on FMLA leave

6. Return to work—what to do if an employee is:

Not able to return to work at end of leave (ADA considerations)

Cleared to return to work with restrictions

Temporarily unable to perform essential functions

Unable to perform essential functions in the long-term

Final Questions and Closing

4:00 p.m.–4:30 p.m.

Have lingering questions about points raised during this intensive FMLA workshop or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the attorneys before you wrap up for the day.

*Agenda subject to change

Your Miami Faculty with Gerlach Employment Law Gregg Gerlach

Gregg Gerlach

Attorney with Gerlach Employment Law

Gregg Gerlach is well-recognized as one of the premier labor and employment lawyers in Florida. He has received the Martindale-Hubbell Peer Review Rating of AV Preeminent, reflecting that Mr. Gerlach’s peers have rated him as having the highest ethical standards and professional ability. Florida Super Lawyer Magazine designated Mr. Gerlach as one of the top Labor and Employment lawyers in Florida. He is also Board Certified in Labor and Employment by the Florida Bar. Mr. Gerlach has litigated labor and employment law disputes since 1991. He has successfully defended a broad range of employers in both the federal and state courts. Mr. Gerlach concentrates his practice in the trial and arbitration of discrimination and sexual harassment claims, COBRA claims, contract and tort disputes, non-competition issues, and wage and hour matters. He has successfully litigated in Florida, Texas, Kansas, Iowa, Georgia, South Carolina, Massachusetts, Connecticut and Colorado.

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Courtyard Marriott Miami Downtown/Brickell

200 SE 2nd Avenue

Miami , FL 33131

View Map

Refund Policy

No Refunds

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