Course Description:

Is your company at risk for non-compliance of FMLA and/or ADA? Is your company a lawsuit waiting to happen?

This 3-day seminar discusses and explains major provisions of FMLA and ADA and provides an outline for untangling the multitude of obligations employers face under the two laws, as well as integration with other leave laws.

The key to untangling ADA and FMLA is to understand the obligations under each statute. Therefore, it is crucial for employers to have at least a basic knowledge of the laws to apply them correctly and avoid litigation.

This comprehensive program includes information packed sessions that provide complete coverage of all aspects of the federally-required FMLA and ADA compliance and best practices. You will learn the practical strategies and procedural recommendations that will enable you to tackle the challenging FMLA and ADA issues you confront everyday!

Why you should Attend:

When employers are not properly prepared for FMLA and ADA issues, companies could face discrimination suits, litigation, settlements, lawyer fees, unplanned expenses, employee turnover, morale issues, and possible negative community image. This FMLA and ADA program can assist companies in maintaining employment law compliance.

Who Will Benefit:

  • Business Owners
  • COO's, CFO's Managers
  • Directors
  • HR Representatives
  • HR Generalists
  • Managers
  • Supervisors, etc.

Can You Answer the questions below?

  1. A Cashier becomes easily fatigued because of lupus; as a result he has difficulty making it through his shift. He requests a stool because sitting greatly reduces the fatigue. What is your response?
  2. A full-time employee had brain surgery, after months of recovery; she request to report back to work 4 hours per day for the next three months. How do you respond?
  3. Your job description reads “works alone, may be required to work overtime as long as 4 hours at a time.” A job applicant explains she is a diabetic and has to eat every two (2) hours. What do you do?
  4. A full-time Production Assistant has exhausted his FMLA allotment and it appears will not be returning to work anytime soon. How do you handle this?
  5. An employee tells his supervisor, “I am having trouble getting to work at my scheduled time because of my medical treatments that I am undergoing.” What do you do?
  6. Jane’s husband was seriously injured while serving in the military. Jane has taken 20 weeks of leave, starting on September 1, 2014 to care for him. Jane now has a serious medical condition requiring surgery and rehabilitation. Jane requests 10 weeks of FMLA leave, starting April 15, 2015 for her own serious health condition. What do you do?
  7. John had prostate surgery. He returned to work and is not 100%. You discuss his low productivity rate with him and eventually put him on a performance improvement plan, yet he is still not meeting production. What do you do?

All of the above questions and more will be answered in this information-packed program! Don’t put your company at risk!

Topic Background:

Both the FMLA and ADA are confusing laws on their own. When there is an overlap between the laws, it can be even more confusing, frustrating, and almost impossible to manipulate. Penalties for non-compliance means companies could face expensive discrimination suits, litigation, settlements, lawyer fees, unplanned expenses, employee turnover, morale issues, and possible negative community image.

Employers deal with multiple obligations under federal, and state laws when employees take time off for illnesses and injuries. Many illnesses and injuries are FMLA serious health conditions as well as covered under the American’s with Disabilities Act. The same employee illness or injury that is a “serious health condition” may also constitute a “disability” and bring with it another obligation under the ADA.

Course Outline:

Day 1 (8:30 AM – 4:30 PM) Day 2 (8:30 AM – 4:30 PM) Day 3 (8:30 AM – 3:30 PM)

Family and Medical Leave Act (FMLA)

  • 8:30 AM - Registration
  • 9:00 AM - Session Start Time
  • 9:30 AM – FMLA Overview:
    • Key terms and definitions
    • Who is covered
    • Which employees are entitled to FMLA
    • Eligible reasons for leave
    • Definition of “serious health condition”
    • Determining health care providers
    • Calculating leave entitlement
    • Determining appropriate “leave year” to implement
    • Special rules for school employees
    • Employer posting requirements
    • Employee notice(s) and medical certifications and recertifications
    • When to Deny an FMLA Request
    • Creating and/or updating the employee leave policy
  • 10:30 AM – Intermittent and Reduced Schedule Leave
  • 11:00 AM – Exempt Employees and FMLA Leave
  • 11:30 AM – Employee Benefits while on leave
    • Recovering benefit costs incurred during FMLA leave
    • Benefits restoration upon return to work
  • 12:00 PM – Lunch
  • 1:00 PM – Communicating with employees who are off work
  • 1:30 PM – Tracking Leave and Ending Leave
  • 1:45 PM – Employee Return to work After FMLA Leave
    • Fitness for Duty and Return to Work Options
    • Job Restoration
    • When to Transfer an Employee Covered under FMLA
    • Reductions in Force (RIFs) Involving Protected Employees
  • 2:15 PM – FMLA Fraud and Abuse
    • Definition of Fraud
    • Patterns of Abuse
    • Dealing with FMLA Abusers
    • Investigating FMLA Abuse
    • How to Terminate an Employee Covered Under FMLA
  • 2:45 PM – Documentation Strategies that Protect Your Organization
  • 3:30 PM – Group Role Play and Case Studies
  • 4:30 PM – End of Day 1

Americans with Disabilities Act (ADA)

  • 8:30 AM – ADA Overview
    • Key Terms and Definitions
    • Laws protecting disabled individuals from Discrimination
    • Who is Covered and Why
    • Employment Practices Prohibited by ADA
    • Employer Posting Requirements
    • Determining what is a substantial limitation to a major life activity
    • Trivia
  • 10:00 AM – Identifying essential job functions and qualified individuals
  • 10:30 AM – Engaging in the Interactive Process
  • 11:00 AM – Reasonable Accommodations and Undue Hardships
  • 11:30 AM – Analyzing Reasonable Accommodation Requests
  • 12:00 PM – Lunch
  • 1:00 PM – Job Restructuring and/or Additional Training and Modifications
  • 1:30 PM – Responding When An Individual Refuses an Offered Accommodation
  • 2:00 PM – Medical Exams
  • 2:15 PM – Confidentiality of Medical Information and Accommodations
  • 2:30 PM – Light and Modified Duty
  • 3:00 PM – Collective Bargaining Agreements
  • 3:30 PM – Group Role-Play and Interactive Exercises
  • 4:30 PM – End of Day 2

ADA and FMLA Best Practices, Plus Compliance with Other Leave Laws and Integration With Other Laws

  • 8:30 AM – Workers Comp Compliance with FMLA and ADA
  • 9:30 AM – State Family Leave and Paid Family Leave Laws, State Laws for Jury Duty, Voting, Bereavement, School Activities, Vacation, Military Leave, and More
  • 10:00 AM – Pregnancy Leave and Accommodation
  • 10:30 AM - Managing the interplay between leave requirements under ADA and FMLA and Distinguishing between FMLA “serious health condition” and ADA “disability”
  • 11:30 AM – Options for Replacing Positions While Employee is Out
  • 12:00 PM – Lunch
  • 1:00 PM – Handling Workers Compensation Claims that Have ADA and FMLA Ramifications and When Employers Are Allowed to Run Leave Times Concurrently under FMLA and Workers Compensation
  • 1:30 PM – Strategies for Reduction of Absenteeism and Impacts to Productivity
  • 2:00 PM – Group Role-Play and Interactive Exercises
  • 3:30 PM – End of Day 3

Meet Your Instructor

Vanessa G. Nelson

Ms. Nelson is founder and President of award-winning Expert Human Resources, which she founded to help companies maintain employment law compliance, avoid workplace litigation, reduce costs, and increase revenue. Expert Human Resources has successfully saved businesses hundreds of thousands of dollars and has worked with multiple companies, including: McDonalds, Mass Transportation Authority, Bedford Public Schools, Women’s OB-GYN, and Old Newsboys.

Vanessa is a sought after speaker in her industry and has presented Human Resource topics to several well-known organizations including:

  • Small Business Administration
  • National RV Association Annual Conference
  • Charles Stewart Mott Community College
  • Michigan Back to Work Career Fair
  • Flint and Genesee Chamber of Commerce
  • Saginaw Chamber of Commerce
  • Birch Run Chamber of Commerce

Vanessa is a results-oriented Human Resource Expert with a unique background in business management, spanning over 29 years at two major companies. Her expertise includes: Employment laws, job analysis, compensation and market surveys, HR Audits, labor/employee relations, employee handbooks, hiring, workplace investigations, policies and procedures.

Ms. Nelson received her Master of Science in Administration/Human Resources Management degree from Central Michigan University, and a Bachelor in Business Management from Northwood University. She holds the Certified Senior Professional in Human Resources (SPHR) credential from the Human Resources Certification Institute, Certified Labor Relations Leader (CLRL) from Michigan State University, and is Six Sigma White Belt certified.

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Local Attractions

Downtown Phoenix offers something for everyone including, museums, performing arts venues and a thriving art scene as well as a large sports presence. Chase Field is home to the Arizona Diamondbacks and the US Airways Center is home to the Phoenix Suns, the Phoenix Mercury, the Arizona Rattlers and the Phoenix Roadrunners.

METRO is now open and operating with traffic in the cities of Phoenix, Tempe and Mesa. At any time of the day or night, you can find yourself near an operating light rail vehicle or a METRO train consisting of two or three vehicles connected together.

The Cactus League has been an Arizona tradition for over a half-century. What began as a two-team league in 1947 has grown to twelve Major League Baseball teams playing in seven cities throughout the state. The league's popularity is at an all-time high with games scheduled every day in March. The Cactus League offers baseball enthusiasts an excellent opportunity to enjoy their favorite teams in fan-friendly, state-of-the-art ballparks.

Be sure to bring your camera as the desert offers spectacular sunsets and beautiful scenery year round.

Red Rock State Park in Sedona (110 miles) is an open-sky theatre of fabulous rock formations. Sprawled across 286 unspoiled acres, this popular park is the perfect starting point for hiking, picnicking, bird watching and photography.

Cathedral Rock in Sedona is 110 miles away and offers a great hiking trail for the adventurous. Cathedral Rock, also known as 'Lovers', was thought to be created by the Great Spirit. A couple of lovers, who always argued, were asked by Him to look around at the beautiful surroundings and count their blessings. The couple was believed to never argue thereafter and stands in perfect harmony.

Camelback Mountain draws thousands of visitors with its sheer red sandstone cliffs and its telltale hump. Hiking to the top is not for beginning hikers -- the two summit trails are strenuous climbs over sometimes-tricky trails. Some easier trails allow close-up exploration around Camelback's base.

Located 90 miles north of Phoenix, you can marvel at the 1,000 year old legacy of the Sinagua as you explore the ruins at Montezuma Castle National Monument. A paved, 1/3 mile loop trail takes you through a tranquil sycamore glade and past the ancient cliff dwellings of a people surprisingly similar to us.

Prickly pear cactus are found in all of the deserts of the American Southwest, and are abundant in the mountains around Tucson and offer a beautiful site when they flower in the spring.

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