Leave Me Alone: Handling Intermittent FMLA Abuse and Post-FMLA Accommodation

By: Mary Funk

Mary FunkThis presentation will discuss practical suggestions for handling intermittent leave, including the handling the certification and recertification processes, dealing with surveillance and fraud, implementing and following policies and procedures, handling excessive absenteeism, and addressing the ADAAA concerns that arise when someone is still not ready to return to work following their FMLA leave. The presentation will also look at what lessons the HR Professional can learn from recent cases.

Objectives of this presentation include:

  • Become familiar with what can and cannot be accomplished in clarifying or authenticating an FMLA certification
  • Identifying when and how to deal with an employee whom may not be using FMLA leave appropriately
  • Dealing with employees whose FMLA has expired but who cannot come back to work to ensure the ADAAA is considered

Click here to read more about this session

About the Speaker:
Mary E. Funk is a shareholder with Nyemaster Goode, P.C., handling almost exclusively employment and labor matters. She litigates on behalf of management in state and federal courts, administrative agencies and before arbitrators concerning employment contract disputes; sexual harassment; race, sex, age, national origin and disability discrimination; wrongful termination; Family and Medical Leave Act; Fair Labor Standards Act; non-compete agreements; and unemployment. In addition to litigating cases, Mary proactively counsels clients on issues such as hiring and firing, drug testing and policies, harassment and discrimination investigations, employment policies, wage and hour issues, employee leave issues, and company handbooks. She also negotiates collectively bargained contracts and drafts corporate documents related to employment such as contracts, non-compete agreements, policies and procedures, company handbooks, and settlement agreements and releases.

Mary is a native of Mt. Pleasant, Iowa, and a 1995 graduate with distinction of the University of Iowa College of Law. During law school, Mary served as a Note and Comment Editor for the Iowa Law Review. She earned her Bachelor of Arts degree from Drake University, graduating magna cum laude, in 1992.

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