An Employer’s Guide to Navigating the Overlap between FMLA, ADA and Workers’ Comp
Few employers can say they have never had challenges with
leave of absence issues. Virtually every employer in every sector of the
American (and global) economy has.
The Family Medical Leave Act (FMLA) requires covered employers
to allow eligible employees up to 12 weeks of unpaid job-protected leave and
benefits to care for their own or a family member’s serious health condition.
The Americans with Disabilities Act (ADA) and the Americans with Disabilities
Act Amendments Act (ADAAA) require employers to provide reasonable
accommodations to qualified employees with disabilities so that they can
perform the essential functions of their jobs—and a leave of absence may very
well be such a reasonable accommodation. An FMLA-eligible employee may also be
protected under the ADA/ADAAA, and therefore qualify for an extended leave of
absence –beyond the FMLA’s 12 week maximum.
If that’s not enough when you have employees who are eligible
for time off from work under workers’ compensation laws, the potential for overlap,
not to mention administrative headaches and the impact on your company’s bottom
line seems to increase exponentially.
But you don’t have to despair! In this webinar we’ll help you begin to
unravel this tangled web of often overlapping employee leave laws. We’ll help
you alleviate concerns about administrative headaches, employee leave abuse and
negative impact to your bottom line on one end and risk of non-compliance with
FMLA, ADA and workers comp laws on the other end.
In this webinar we will address
these and many other related points.
Key Areas:
·
The difference between someone with a “serious
health condition” under the FMLA and a “qualified individual with a disability”
under the ADA/ADAAA.
·
Use of medical inquiries to determine coverage
under the FMLA and the ADA/ADAAA
·
Notification requirements under FMLA and ADA/ADAAA
·
Reinstatement requirements under FMLA and
ADA/ADAAA
·
Situations where the FMLA and ADA/ADAAA may
overlap
·
Intermittent leave requests under FMLA and the
ADA/ADAAA
·
Terminating an employee who has exhausted FMLA
leave time without running afoul of the ADA/ADAAA
·
Documentation and meeting guidelines
·
Best Practices
·
And more!
Why You Should Attend: These three
seemingly different bodies of law often intersect in a way that leaves many
employers scratching their heads. What are the eligibility/coverage criteria
under the FMLA and the ADA/ADAAA and workers comp? When might an extended leave be a reasonable
accommodation? When might it be an undue hardship? Undue hardship can mean
different things to different employers. If you are in health care, pharma,
banking and finance, to name a few examples, accommodations of leave requests
that may be feasible for many other employers, might, for you, be an undue
hardship. If it’s not deemed an undue hardship are there steps you can take to
mitigate the burden(s)? What are the notice requirements?
Who Will
Benefit:
·
Executives
·
Managers and Supervisors
·
Risk Managers
·
Benefit Specialists
·
Supervisors
·
Business Owners
·
General Managers
·
Controllers/ CFOs / Financial Managers
·
Human Resource Managers /
Administration
·
HIPAA Officer
·
Privacy Officer
·
Health Information Manager
·
Healthcare Counsel/lawyer
Instructor
HR Attorney
Janette S. Levey, “The Employer’s Lawyer” has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has served on the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence. Janette currently serves as an Advisory Board Member for Child and Family Resources of Morris County, New Jersey. Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Addressing and Preventing Employee Leave Abuse, Pre-Employment Screening among many, many others.
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An Employer’s Guide to Navigating the Overlap between FMLA, ADA and Workers’ Comp
Course Type
|
HR & Payroll |
Date & Time
|
May 18th 2023 01:00 PM ET |
Duration
|
90 Minutes |
Instructior
|
Janette Levey |
Purchase Options
-
Recorded$ 99
-
E-transcript$ 115
-
Recorded + E-transcript$ 125
-
Recorded with Copyright$ 145
| Add To Cart | |
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