ComplianceOnline

FMLA , ADA/ADAAA and Workers Comp - Laws, Leave Abuse and Crafting Policies for Leave Management

Instructor: Janette Levey Frisch
Product ID: 704426
  • Duration: 330 Min

recorded version

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This 3 part training series will analyze the three seemingly different bodies of law that often overlap leading to ambiguity and confusion. What are the eligibility/coverage criteria under the FMLA and the ADA/ADAAA and workers comp, Employee Leave Abuse under FMLA, ADA and Workers’ Comp and Crafting Policies and Procedures for Managing Employee Leave.

Part - 1:

Life Science or Non-Life Science - Oh My! FMLA, ADA and Workers' Comp Overlap Guidance for all Employers - PART 1

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 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
  • Best practices
  • Issues of particular concern to healthcare/pharma/life sciences professionals and businesses

Part - 2:

Leave Abuse under FMLA, ADA and Workers’ Comp: How Employers Can Deal with the Most Outrageous Excuses - PART 2

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 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
  • Best practices
  • Issues of particular concern to health care/pharma/life sciences professionals and businesses

Part - 3:

FMLA, ADA & Workers Comp - Crafting Policies and Procedures for Managing Employee Leave - Part 3

Areas Covered in the Webinar:

  1. Intro/Overview
  2. Some Preliminaries
    1. Records and Record Retention;
      1. Employee records: start dates, previous leaves taken, attendance and punctuality, prior discipline.
      2. Previous accommodations requested, accommodations given.
    2. Call-in Policies
    3. Attendance Policies
    4. Paid sick days, paid vacation days
    5. Determine Chain of Command:
      1. Who will administer employee leave?
      2. To whom will the leave administrator report or bring questions?
      3. Training managers on chain of command issues and questions.
  3. Policies for determining type of leave and eligibility;
    1. FMLA/notification/Inquiries
      1. Designation notice
      2. Certification, re-certification issues;
        1. 2nd and 3rd opinions;
        2. Timeframes
      3. Fitness for duty certification issues.
    2. ADA
      1. Determining eligibility;
      2. Notification;
      3. Inquiries
      4. Interactive process;
        1. Determining reasonableness of request;
        2. Exploring alternatives;
          • Transfer, reassignment, light duty
    3. Workers’ Comp
      1. State law
      2. Reporting injuries
      3. Medical treatment and inquiries;
      4. Exploring light duty option;
  4. During Leave:
    1. Procedures for Monitoring Leave:
      1. Communicating with employee;
      2. Re-Certification;
    2. Practices/Procedures for Investigation
    3. Termination/Discipline
  5. Return to work issues
    1. Transfer/Reassignment/Light Duty
    2. Reinstatement?
  6. Best Practices

Who Will Benefit:

This webinar will provide valuable assistance to all companies, not-for-profits, school districts, governmental agencies and pseudo governmental agencies. Those that would benefit most would be:

  • CEO’s, COO’s CFOs
  • Department Managers or Directors
  • Executives
  • Managers and Supervisors
  • Risk Managers
  • Benefit Specialists
  • Supervisors
  • Business Owners
  • General Managers
  • Controllers/ CFOs / Financial Managers
  • Human Resource Managers / Administration
  • HIPAA Officers
  • Privacy Officers
  • Health Information Managers
  • Healthcare Counsel/Lawyers
  • Office Managers
  • Employers
  • HR Practitioners
  • Leave Administrators
  • Benefits Administrators
  • Payroll and accounting managers
  • Payroll processing professionals
  • Human Resources Directors, Managers and Specialists

Panelist Profiles:

Janette Levey Frisch, founder of The EmpLAWyerologist Firm, is an employment/HR attorney with over 20 years’ legal experience. Ms. Frisch is a legal wellness professional for employment practices and workforce challenges. She works with employers to craft solid employment practices wellness plans tailored to address a company’s needs and concerns. Ms. Frisch offers consultations and legal services on virtually all federal and NJ and NY state employment law issues.

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