Instructor: Elga Lejarza, aPHR, PHR, SHRM-CP, SPHR, GPHR, SHRM-SCP
Continuing Education Credits:
- HRCI – 13 HR(General) Credits
- SHRM – 13 PDC’s
Schedule: 10:00 AM – 5:00 PM Eastern Time on Both Days
Mastering FMLA Compliance Through Structured, Defensible Audits
Why HR Professionals and HR Consultants Should Attend This Program
Administering FMLA correctly requires far more than understanding the law. It requires disciplined execution, consistent documentation, accurate timelines, and the ability to identify risk before it becomes a complaint or claim. Many organizations believe they are compliant because policies exist, yet exposure often arises from how FMLA is handled in practice. This program is designed to bridge that gap by teaching participants how to evaluate both compliance and execution through a structured audit process.
Moderate FMLA violations can result in settlements ranging from $80,000 to $300,000, depending on back wages, benefits, liquidated damages, and legal costs. For mid to large organizations, especially those with 2,200 employees or more, the exposure increases significantly due to volume and complexity. In contrast, a comprehensive FMLA compliance audit typically ranges from $15,000 to $35,000 or more. Specialized or high-tier firms, such as national accounting or legal firms, may charge between $45,000 and $60,000 for a full review of policies, procedures, and individual claim files. When viewed through a risk management lens, an audit is not an expense. It is a preventive investment.
For HR professionals, this program provides the confidence to assess internal FMLA practices objectively and proactively. Participants learn how to identify gaps in policies, forms, supervisor practices, and tracking systems that may quietly increase risk. Rather than reacting to issues after they surface, HR professionals leave equipped to prevent interference and retaliation claims through early identification and corrective action.
For HR consultants, this program delivers a repeatable, defensible framework for offering FMLA audit services to clients. Participants learn how to scope an audit, conduct document and case file reviews, assess real world practices, and communicate findings professionally to leadership. This training supports consultants who want to expand their service offerings with a high value compliance audit that organizations are actively seeking.
This is a practical, hands on program grounded in real HR operations. It is not theoretical and it is not legal training. The focus is on how FMLA actually works day to day in organizations and how to audit it effectively. Participants leave with tools, checklists, sequencing, and confidence to conduct compliant FMLA audits independently.
By the End of This Program, Participants Will Be Able To
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Conduct a structured FMLA audit from start to finish using a defensible methodology
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Define audit scope, lookback periods, and covered populations appropriately
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Evaluate FMLA policies, procedures, forms, and notices for compliance and consistency
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Assess timeline and notice compliance and identify high risk breakdowns
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Review intermittent leave administration and distinguish misuse concerns from protected leave
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Identify supervisor driven compliance risks and training gaps
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Analyze FMLA interaction with ADA and the Pregnant Workers Fairness Act
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Develop clear audit findings, risk prioritized recommendations, and executive ready summaries
Topics Covered
30 Topics and More
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Purpose and value of an FMLA compliance audit
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Difference between policy compliance and execution risk
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Defining audit scope and objectives
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Selecting an appropriate audit lookback period
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Identifying covered populations and departments
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Confidentiality and medical information handling during audits
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Understanding FMLA leave year methods
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Reviewing FMLA policies for regulatory alignment
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Identifying outdated or vague policy language
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Evaluating FMLA forms and notice templates
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Eligibility notice requirements and timing
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Rights and responsibilities notice compliance
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Designation notice accuracy and delivery
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Certification and recertification handling
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Cure periods and incomplete certification notices
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Timeline tracking and deadline monitoring
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Risks created by manual or spreadsheet based tracking
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Leave intake and trigger recognition practices
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Supervisor escalation and decision making risks
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Intermittent leave administration challenges
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Call in and reporting procedures
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Pattern recognition and misuse concerns
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Employee communication consistency
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Recordkeeping and retention requirements
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Case file sampling methodology
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Identifying systemic versus isolated issues
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FMLA interference and retaliation indicators
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FMLA overlap with ADA obligations
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FMLA overlap with the Pregnant Workers Fairness Act
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Developing audit findings and corrective action plans
and more