Four Methods for Calculating FMLA Continuous and Intermittent Leave: Choosing the Best Method for Controlling FMLA Abuse In Your Workplace?

From: Apr 16, 2021 - To: Dec 31, 2021

Some employees consider FMLA leave as extra vacation days or perhaps as a way to get away from the stresses of the Pandemic workplace.  Many see FMLA leave, whether paid or not, as the equivalent of a "hall pass" they can flash, whenever personal considerations make it convenient. In most instances, employees take FMLA intermittent leave for legitimate reasons, but FMLA abuse is not uncommon, and when it comes to choosing the method by which intermittent leave is calculated, employers have more control over potential employee abuse than they think.

There are four alternative methods for calculating intermittent leave. They each involve the employer choosing one of four alternatives for calculating the 12-month period over which intermittent leave is calculated. Employers must use the same 12-month period for all of their employees, and once a specific 12-month period is chosen, it can only be changed after all employees have been notified. This is why it is essential that employers understand how each of the four methods is calculated and the pros and cons of each, including the administrative burdens. There are also other FMLA related areas where employers can work to control employee abuse.  For example, understanding the options that exist for intermittent leave is crucial to helping employees manage their leave needs while maintaining discipline and efficiency in your workplace.

Dr. Jim Castagnera, an attorney and employment law expert, will discuss each of the four methods for calculating intermittent leave along with strategies for controlling other types of FMLA abuse. He will also review best practices, potential modifications to employee policies and case law, and agency guidance relating to intermittent leave and FMLA abuse.

Session Highlights:-

During this important webinar Dr. Castagnera will be discussing:

  • The pros and cons of each of the four methods for calculating intermittent leave and how to calculate each method
  • Choosing the right 12-month period to use for calculating intermittent leave
  • Double dipping on the 12 weeks of permitted FMLA leave
  • How to set up a system that ensures that all intermittent leave is correctly recorded and counted
  • Changing methods for calculating intermittent leave 
  • Identifying and controlling other types of FMLA abuse
  • Ways of ensuring that your FMLA policy is followed
  • The interaction between the Family Medical Leave Expansion Act provisions of FFCRA which are still in effect and FMLA intermittent leave
  • How state leave laws, including the growing number with paid-leave, can impact your organization

Who Will Benefit?

HR, benefits, finance, managers and supervisors, CEOs, in-house counsel

Get 1.5 CEU by HRCI/SHRM for 1.5 hours (90 minutes).

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