Years ago, most workers' compensation professionals understood completely all of the legal risks. Follow the schedule listed in the statute, check compliance with other rules, and you knew the approximate costs of the claim. With the passage of the ADAAA, FMLA, GINA, such claims are not as easy to administer. Even the Pregnancy Discrimination Act has become a claim that many employers rarely see (because you treat pregnancy as any other "temporary disability"). How can you comply with each and every one of these statutes when they all have different purposes and different rules? Don't get caught like other employers recently have, because you haven't kept up with the latest regulations and court decisions.
WHY SHOULD YOU ATTEND?
The ADAAA relaxed the standards of who is qualified as "disabled" under the ADA. This relaxation has required employers to offer such things as light duty positions when the employer would not have been required to do before the amendments. The ADAAA also addresses when pregnancy complications may be considered disabilities. Of course, the FMLA/ADAAA has always interacted but with the relaxation of the qualification standards, they interact even more. Congress has also passed the Genetic Information Non-Discrimination Act - why is this different from the ADAAA or is it? When does the FMLA or ADAAA restrict your ability to terminate someone out on workers' compensation leave? Yes, the alphabet soup continues to get trickier especially as we are now seeing court decisions addressing these thorny issues.
AREA COVERED
• What employers are covered by the Family and Medical Leave Act
• What employees are eligible for FMLA leave
• What are qualifying events under the FMLA
• What happens when an employee exhausts their FMLA
• When a leave of absence is an accommodation under the ADA
• What is a request for an “indefinite leave”
• The interaction between the FMLA, ADA and workers’ compensation laws
• When you can terminate for excessive absenteeism
• Protections for employees serving our military
• Getting the information you need without violating HIPAA
LEARNING OBJECTIVES
• The differences between the ADAAA and FMLA when it comes to leaves of absences
• Do workers compensation statutes require an employer to offer "light duty" positions?
• What are the pros/cons of light duty positions?
• Even if your state statute doesn't require light duty positions, will the ADAAA require it?
• Can you terminate an employee out on workers' compensation leave for refusing a light duty position?
• How to run the various leave requirements concurrently?
• Can you run workers' compensation payments concurrently with other paid leave such as sick leave, vacation, short term disability, etc. Can the employee request that you do so even if you don't require it?
• How is GINA different from the ADAAA? How is it similar?
• How to treat pregnancies under the ADAAA, FMLA and PDA (and, yes, it is very different under each statute)
• When are you required to provide COBRA notices to those out on leave?
WHO WILL BENEFIT?
• Business Directors
• HR Managers & Directors
• Senior HR Professionals
• HR Analysts
• Employee Relations Professionals
• Employment Managers/Specialists
• Compliance Officers
• Benefits Specialists
The ADAAA relaxed the standards of who is qualified as "disabled" under the ADA. This relaxation has required employers to offer such things as light duty positions when the employer would not have been required to do before the amendments. The ADAAA also addresses when pregnancy complications may be considered disabilities. Of course, the FMLA/ADAAA has always interacted but with the relaxation of the qualification standards, they interact even more. Congress has also passed the Genetic Information Non-Discrimination Act - why is this different from the ADAAA or is it? When does the FMLA or ADAAA restrict your ability to terminate someone out on workers' compensation leave? Yes, the alphabet soup continues to get trickier especially as we are now seeing court decisions addressing these thorny issues.
• What employers are covered by the Family and Medical Leave Act
• What employees are eligible for FMLA leave
• What are qualifying events under the FMLA
• What happens when an employee exhausts their FMLA
• When a leave of absence is an accommodation under the ADA
• What is a request for an “indefinite leave”
• The interaction between the FMLA, ADA and workers’ compensation laws
• When you can terminate for excessive absenteeism
• Protections for employees serving our military
• Getting the information you need without violating HIPAA
• The differences between the ADAAA and FMLA when it comes to leaves of absences
• Do workers compensation statutes require an employer to offer "light duty" positions?
• What are the pros/cons of light duty positions?
• Even if your state statute doesn't require light duty positions, will the ADAAA require it?
• Can you terminate an employee out on workers' compensation leave for refusing a light duty position?
• How to run the various leave requirements concurrently?
• Can you run workers' compensation payments concurrently with other paid leave such as sick leave, vacation, short term disability, etc. Can the employee request that you do so even if you don't require it?
• How is GINA different from the ADAAA? How is it similar?
• How to treat pregnancies under the ADAAA, FMLA and PDA (and, yes, it is very different under each statute)
• When are you required to provide COBRA notices to those out on leave?
• Business Directors
• HR Managers & Directors
• Senior HR Professionals
• HR Analysts
• Employee Relations Professionals
• Employment Managers/Specialists
• Compliance Officers
• Benefits Specialists
Speaker Profile
Susan Fahey Desmond is a principal with Jackson Lewis PC which has offices across the United States. She has been representing management in all areas of labor and employment law since her graduation from the University of Tennessee School of Law in 1985 and is a frequent author and speaker on labor and employment law issues. She is listed in Best Lawyers in America for labor and employment law and has been named by Chambers USA as one of America's leading business lawyers.
Upcoming Webinars
Managing Toxic & Other Employees Who Have Attitude Issues
Effective Onboarding: How to Welcome, Engage, and Retain Ne…
Analytical Method Validation Under Good Laboratory Practic…
Do's and Don'ts of Documenting Employee Behaviour, Performa…
Sunshine Act Reporting - Clarification for Clinical Research
Onboarding New Hires: Leverage the Potential of Artificial …
Do's and Don'ts of Giving Effective Feedback for Performanc…
Tattoos, hijabs, piercings, and pink hair: The challenges …
Using Behavior Based Interviewing for Finding the Best Matc…
How to Document Employee Discussions and Why it is Important
Project Management for HR, Administrative Professionals, an…
Stressed Out: How to Handle Conflict, Difficult People and …
Harassment, Bullying, Gossip, Confrontational and Disruptiv…
Marketing to Medicare or Medicaid Beneficiaries - What You …
Understanding the Artificial Intelligence Landscape
Best Practices for Working With Vendors and Suppliers
Accounting For Non Accountants : Debit, Credits And Financi…
Principles & Practices for the Cybersecurity of Legacy Medi…
Independent Contractor vs. Employee New Rule Issued by The …
The Top Ten Excel Functions Everyone Should Know
Ultimate Persuasion Strategies! - Secret Influence Tools & …
Clinical Trial Systems: The Trial Master File (TMF) and Ele…
Dealing With Difficult People In Life & Work
Improving Employee Engagement & Retention Through Stay Inte…
Fair Lending in Q2 2024: new regulations, examinations, and…
FDA Regulation of Artificial Intelligence/ Machine Learning
Form 1099 Update 2024: Latest Forms, Rules and Reporting Re…
Coming Soon - New Minimum Salary Levels for Exempt Employee…
Beyond ‘Illegal’ Interview Questions: What Recruiters & Hir…
Bootcamp for New Managers and Supervisors: Avoid These 7 Mi…
Writing Techniques for Auditors and Risk Management Profess…
Coaching & Retaining Your Talent – Putting the WOW into Qua…
Outlook - Master your Mailbox - Inbox Hero Inbox Zero
Emotional Intelligence: Mastering the Emotions of Great Lea…
Building Fair Chance Hiring Policies in 2024
Effectively Handle Toxic People for Better Productivity and…
Third-Party Relationships: Risk Management: What All Bankin…
HR 101 - Bootcamp Basics for New Human Resource Professiona…
How to Manage and Resolve Conflict in the Workplace
Impact Assessments For Supplier Change Notices
Performance Management with Bottom-Line Results
How to Give Corrective Feedback: The CARE Model - Eliminati…
Human Error Reduction Techniques for Floor Supervisors
Credit Risk Discipline Tools - Implementing 14 Tools for Cr…
FDA Compliance And Laboratory Computer System Validation