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Human Resource & Payroll

FMLA, ADA and Worker’s Comp in 2023: Investigating Abuse, Challenges, Benefits and Legal Requirements

Overview:
 

If employees meet the criteria, they are entitled to leave or accommodations under the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), and Worker’s Compensation. These are great things that you must provide your employees. 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?

But what if they are lying? What if you think that they aren’t injured or are using intermittent FMLA to go skiing?  You need to investigate, but you need to do it right to make sure you aren’t violating their rights. This is a brief overview of how to proceed and is not legal advice.

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 leaves 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.
 

Areas Covered in this Training:

-Eligibility for ADA
-Eligibility for FMLA
-Eligibility for Worker’s Comp
-How often does fraud occur?
-Is it worth fighting?
-Gathering evidence
-Require certification
-Keep your job descriptions updated
-Importance of consistent call-in procedures
-Why you should consider an outside investigator
-How to avoid retaliation
-Take the doctor’s word (or pay for a second opinion)
-The difference between someone with a “serious health condition” under the FMLA and a “qualified individual with a disability” under the ADA/ADAAA.
-Situations where the FMLA and ADA/ADAAA may overlap

 

Why Attend this Training:

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.

In this training, you’ll receive an overview of how to best avoid fraud and investigate fraud when you feel an employee is cheating the system. Conducting a proper investigation allows you to act with confidence.

 

Suggested Attendees-

-Business Owners
-Human Resources professionals
-Managers & Supervisors
-Project Managers
-Team Leaders
-Compliance professionals
-Operations professionals
-Risk Managers
-Benefit Specialists
-Controllers/ CFOs / Financial Managers
-HIPAA Officer
-Privacy Officer
-Health Information Manager
-Healthcare Counsel/lawyer

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