Date and Time: On Demand
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 $325 (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 as a way to get away from the stresses of the Pandemic 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 of their employees, and once a specific 12-month period is chosen, it can only be changed after all employees have been notified. This is why 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


Dr. Jim Castagnera is an employment and labor attorney with more than 36 years’ experience. He is a sought-after speaker on coronavirus and other HR-compliance topics, an experienced professor, successful author, and accomplished consultant who assists his clients in meeting their current HR compliance challenges with clear and practical solutions. He holds a JD and a PhD from Case Western Reserve University. Following ten years as an employment and labor lawyer with a major Philadelphia law firm, he served for 23 years as in-house legal counsel at Rider University. With 20 published books, mostly on HR-law topics, he teaches HR compliance in Drexel University’s Kline School of Law and is the chief consultant of Holland Media Services, with offices in Los Angeles and Philadelphia.