One of the most vexing problems in administering FMLA leave is managing the certification process. While keeping on top of the timing involved in the certification process is paramount, evaluating the certifications that employees and their physicians provide is equally important.
Not only must employers deal with often incomplete and insufficient certification language, even when employers can decipher the contents of a certification, issues of authentication, clarification and potential second opinions frequently arise. Likewise, even when the initial certification passes muster, similar issues can come up in the recertification process.
This program, featuring Ogletree Deakins employment attorney Steven Luckner, will address how employers should approach the certification process and the myriad of problems that can arise during the certification process and ways to address them.
You'll gain understanding on the topics of:
- When to require FMLA certification
- What to require in an FMLA certification
- How to evaluate FMLA certifications (and ask for correction and clarification)
- What to do when an employee fails to timely submit a certification
- When to request a second opinion
- And more!
Steven Luckner is an employment attorney for Ogletree Deakins and his practice focuses on the defense of cases involving allegations of wrongful discharge, sexual harassment, age, race, sex, religious, disability discrimination, FMLA, whistleblower and other statutory claims. Luckner also has experience in defending wage and hour claims under both the Federal Fair Labor Standards Act and various state laws.
In addition to his litigation practice, Luckner routinely advises human resource professionals, in-house counsel and business owners on day-to-day employment issues including leaves of absence, reasonable accommodations, reductions-in-force and employee discipline. He regularly assists employers through reductions-in-force and in responding to employment audits from state and federal agencies. He also conducts independent investigations for employers in relation to complaints of sexual harassment, discrimination, whistle blowing and other employee issues.