2022 Family and Medical Leave Act, Workers' Compensation and ADAAA
Did you know over 61% of Employers find it difficult to manage the FMLA leave? The legal requirements of both the Family Medical Leave Act (FMLA) and the American Disabilities Act Amendment Act (ADAAA) are similar, yet at other times one law contradicts another. You find that you can’t comply with both laws at the same time, so which one takes precedence over the other? Where does Workers' Compensation (WC) come in?
To complicate matters, even more, WC is a state law, while FMLA and ADAAA are federal laws, and there are other state civil rights laws that also impact FMLA and the ADAAA. Consider that an injury under WC may also be a “serious health condition” under FMLA. State laws may differ from federal laws by covering additional health conditions, may apply to small organizations, or may cover situations in which the federal laws have no say such as domestic abuse.
As an HR Manager, you have the responsibility of sifting through these laws to ensure that you comply with each law that provides the best benefit to your employees. These laws provide entitlements to your employees which means they are not considered an optional benefit. So, even if you fail to apply the law to your employee, they can claim protection anyway.
For example, if you fail to provide appropriate leave under FMLA, that does not remove the employee’s right to job-protected leave. The ultimate goal of all three laws is to assist the employee to return to work.
Financial – Costs related to absenteeism, turnover, liability based on civil rights laws, and costs related to investigations.
Join us on Compliancevent to understand the FMLA processing and how failure to comply can result in fines and penalties of thousands of dollars. We will discuss the challenges of employee terminations and much more. You will also learn about the most common mistakes you're likely to make.
The training will address laws that HR Manager is responsible for upholding. We will have a detailed discussion on the interplay among ADAAA, FMLA & WC in 2022. When you don't follow these laws, it increases the liability for the organization and interferes with a fair and equitable work environment for employees. This interplay is confusing to many HR professionals, and the training will help reduce these complexities for you.
What will You Learn?
1. Review the intricacies of how WC, ADAAA, and WC intersect to provide employees’ coverage in 2022 under these acts.
2. Describe essential documentation guidelines for 2022 to prevent liability.
3. Tips to identify the top ten FMLA leave mistakes you might make in 2022.
4. Discuss the challenges in terminating an employee after they have expanded their FMLA benefits without ignoring their rights through the ADAAA or state laws.
5. Steps to follow when an employee fails to provide the requested and required medical certification in 2022.
6. The process in responding to an intermittent leave request that may include a potential ADAAA accommodation.
7. The best practices when conducting the legally required interactive process when determining an accommodation.
8. Clarifying a physical or mental impairment that substantially limits one or more major life activities based on the ADAAA.
9. The criteria for essential job functions in 2022.
10. Determine if and why you need a second or third medical opinion.
11. To judge WC/ADAAA light duty restrictions while keeping FMLA intermittent and reduced scheduled leave viable.
12. Explore how COVID intersects with the ADA.
Litigation and Legal Requirements in 2022
Ensuring compliance with FMLA can be frustrating for many HR professionals who are uncomfortable with the Act. This leads to litigation. Then, to add the ADAAA legal requirements add to the confusion which can also lead to discrimination under civil rights law. Sometimes sprinkled in with FMLA and the ADAAA is WC – the nexus among the three legal requirements, especially as it relates to leave, medical certification, and getting the employee back to work as quickly as possible, can be daunting. This training will separate the three laws and examine how each law will apply to your work situations in 2022.
Who Will Benefit?
-Human Resources professionals
-VP of HR
-All HR directors
-Directors of Risk Management
You may ask your Question directly to our expert during the Q&A session.