2026 Leave Red Flags: Addressing Abuse Under FMLA, ADA & Workers’ Comp

Webinar Description: 

Moving from Legal Overlap to Real-World Leave Risk Management
In our prior program on navigating the overlap between FMLA, ADA, and Workers’ Compensation, we examined how these laws intersect and what they require.

This session addresses the next—and more difficult—question:
 

How do you manage leave when concerns arise about misuse without creating legal exposure?

During the earlier session, many participants asked:

• How long do we have to hold someone’s job open?
• When does FMLA end, but ADA obligations continue?
• What if restrictions never change?
• What can we do if we suspect leave abuse, and what crosses the line?

This program builds on those questions and focuses on the practical realities of identifying, addressing, and preventing employee leave abuse while staying within the law.

If you did not attend the prior session, this training stands fully on its own and dives directly into the operational and risk-management side of leave administration.
 

Whether You’re Addressing Concerns or Working to Prevent Them

Some employers attend because:

• Intermittent leave patterns raise red flags.
• A position has remained open longer than anticipated.
• Managers believe leave may be misused.
• HR wants clarity before taking action.

Others attend because they understand that leave abuse issues rarely begin as obvious misconduct. They often develop through inconsistent enforcement, weak documentation, unclear procedures, or misalignment between HR and operations.

Even if you are not currently dealing with suspected abuse, this session will help you strengthen your policies, processes, and documentation so your organization is less vulnerable if concerns arise.
 

Session Highlights

This session provides a practical and legally grounded framework for addressing and preventing leave abuse while protecting your organization from claims of interference, retaliation, or discrimination.

You Will Learn How To:

• Define what legally constitutes leave abuse—and what does not.
• Recognize common red flags without jumping to unsupported conclusions.
• Manage intermittent leave effectively and consistently.
• Use certifications, recertifications, and call-in procedures lawfully and strategically.
• Strengthen documentation to support defensible employment decisions.
• Navigate how long a job must be held open under FMLA and ADA requirements.
• Evaluate when extended leave may become an undue hardship.
• Conduct appropriate investigations into suspected leave misuse.
• Apply lawful discipline or termination when justified.
• Reduce exposure to FMLA, ADA, and Workers’ Compensation claims.
   

Ask your question directly from our expert during the Q&A session following the live event.