A Guide to Navigating the Overlap Between FMLA, ADA and Workers’ Comp
Date: Aug 17, 2022, WedStart Time: 10:00 AM PDT
Duration: 1.5 HrsBook Mark:
Topic ID: WEB14503
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.
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Why Should you 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? In this webinar we will address these and many other related points.
Areas Covered in the Webinar:
- The difference between someone with a “serious health condition” under the FMLA and a “qualified individual with a disability” under the
- 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
Who Will Benefit:
- Business owners,
- Senior Managers,
- H.R. Professionals at all levels,
- In—House Counsel
- Managers and Supervisors
- Risk Managers
- Benefit Specialists
- General Managers
- Controllers/ CFOs / Financial Managers
- Human Resource Managers / Administration
- HIPAA Officer
- Privacy Officer
- Health Information Manager
- Healthcare Counsel/lawyer
Janette Levey Frisch
Janette Levey Frisch is an attorney with more than 20 years’ legal experience. She 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. She authors the firm’s weekly blog, where she discusses issues impacting employers today. She has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Ms. Frisch has also spoken and trained on topics, such as criminal background checks in the hiring process, joint employment, severance arrangements, pre-employment screening among many others. She is licensed in New Jersey and New York. In addition, she serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Ms. Frisch is also a contributor to the recently released book, “Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition,” published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.
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