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 withDisabilities 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 seem to increase exponentially. In the wake of the COVID pandemic, these laws (as well as applicable state and local laws) have become an even greater presence in employers’ and leave administrators’ work lives.
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.
Ares covered in the session:
Areas covered will include, without limitation:
-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
-Case laws and/or emerging issues.
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. 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?
Duration: 90 Minutes
-Managers and Supervisor
-Controllers/ CFOs / Financial Managers
-Human Resource Managers / Administration
-Health Information Manager
You may ask your Question directly to our expert during the Q&A session.
Janette Levey Frisch 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, acting as the Employer’s Legal Wellness Professional — 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, B-Tank, Staffing Industry Review, @Law, and Chief Legal Officer.
Janette is a member of 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 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, many others.
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