Date and Time: Download
Run Time: 90 minutes including Q & A session
Leader: Dr. Jim Castagnera, Attorney at Law
Credits: Awarded 1.5 credit hours by HRCI and 1.5 PDCs by SHRM
Price: Download $295 (Share the download with your colleagues)
Audience: HR, benefits, finance, managers and supervisors, IT, CEOs, in-house counsel, etc.


Some employees consider FMLA leave as extra vacation days or perhaps to get away from the stresses of the 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 methods for calculating intermittent leave. Each involves 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 their employees, and once a specific 12-month period is chosen, it can only be changed after all employees have been notified. Therefore, 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.

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.


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
  • How state leave laws, including the growing number with paid leave, can impact your organization


Jim Castagnera holds an M.A. in journalism from Kent State University, and a J.D. and Ph.D. (American studies) from Case Western Reserve University. He worked 10 years as a labor, employment, and intellectual-property attorney with Saul Ewing Arnstein & Lehr and 23 years as associate provost & legal counsel for academic affairs at Rider University, where in 2018 he received the university’s highest annual award for distinguished service. He also did stints as a full-time law professor at UT-Austin and Widener University Law School.

Having retired from Rider in 2019, he is engaged in a portfolio of activities: member and chief consultant of Holland Media Services LLC, a communications and training company with offices in Philadelphia and Los Angeles; member of Portum Group International LLC, a cyber security & privacy consulting firm in Philadelphia; of counsel to Washington International Business Counsel; and adjunct professor of Law in the Kline School of Law at Drexel University.