FMLA, ADA and Workers’ Compensation Integration Certificate Program

On Demand Webinar Duration 4 hrs. Instructor led Video Conference

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Balancing the Need to Meet Legal Obligations with the Need to be Fair and Consistent When Administering Leave Policies

Training Overview

As employers, we all strive to be legally compliant, especially when it comes to federal and state regulations that protect our employees, such as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and State Workers’ Compensation legislation. But it can admittedly get confusing when some legal regulations seemingly overlap or even seem almost contradictory to implement.

This overlap often happens at the intersection of FMLA, ADA and Workers’ Compensations requests. All three pieces of legislation have different goals and protections for employees, yet all three have provisions that may require an employer to give job-protected time off when the right circumstances are met.

Under the FMLA, giving job-protected time off to an eligible employee is the primary benefit provided. For an employer that covered by the FMLA, this leave must be provided if the employee is eligible for it—even if providing it would present a hardship for the employer. On the other hand, under the ADA, the primary goal is antidiscrimination and reasonable accommodation for disabled individuals (in the absence of undue hardship on the part of the employer). However, reasonable accommodation could include time off as well, in some instances. Workers’ Compensation legislation seeks to protect employees who become injured or ill on the job.

It’s easy to envision a situation in which an employee may be eligible for leave under the FMLA, the ADA, and Workers’ Compensation. This is something that employers need to remember when considering which pieces of legislation apply when administering any leave policy.

Training Agenda

10:00 a.m.– 10:05 a.m. Introduction & Housekeeping Items

10:05 a.m. – 11:30 a.m. Americans with Disabilities Act

  • Background of the Act
  • Five Titles of the Act
  • ADA enforcement
  • Definitions of terms used in the ADA
  • Conditions considered to be disabilities
  • Conditions excluded from the definition of disability
  • Reasonable accommodations
    • Business case for accommodations
  • Role of Human Resources in ADA
    • Accommodations for job applicants
    • Disability-related questions
    • ADA interaction with state & local disability legislation
  • Accommodation Process
    • Seven steps to accommodation
    • Know when an accommodation is being requested
    • Documentation providers
    • Health exams
  • Service Animals
    • Definition of service animals under ADA
    • Where service animals are allowed
    • Control of service animals
    • Other rules related to service animals
  • Benefits & privileges of employment under ADA
  • Employee communication regarding ADA
  • Areas under discussion regarding new areas of concern
    • Fragrance sensitivity
    • Website compliance
    • Recreational & medical marijuana
      • Controlled substances legislation (Controlled Substances Act of 1970)
      • Drug-Free Workplace Act of 1988

11:30 a.m. – 11:40 a.m. Break

11:40 a.m. – 1:00 p.m. Family & Medical Leave Act

  • Background of FMLA
  • Provisions of the Act
    • Covered employers
    • Eligible employees
    • Qualifying situations under FMLA
    • Definitions of “family members” under the Act
    • Military Families provisions
      • Qualifying Exigency Leave
      • Military Caregiver Leave for active service men/women
      • Military Caregiver Leave for Veterans
      • Definition of “next of kin” under Military Caregiver Leave
  • Serious health conditions under FMLA
  • Conditions not covered under FMLA
  • Determining the applicable 12-month period
  • Medical certification requests/requirements
  • Calculating leave
  • “Key Employee” status under FMLA
  • FMLA’s impact on health benefits, compensation, job security, and other types of leave
  • Types of FMLA leave
    • Intermittent Leave
    • Reduced leave schedules
    • Block Leave
  • Return to work considerations

1:00 p.m. – 1:10 p.m. Break

1:10 p.m. – 1:45 p.m. Workers’ Compensation Legislation

  • Background of Workers’ Compensation legislation
  • Employers’ requirements to carry Workers’ Compensation insurance
  • Injuries & illnesses covered by Workers’ Compensation
  • What Workers’ Compensation doesn’t cover
  • Employer responsibilities under Workers’ Compensation
  • Determination of which law(s) apply
  • Keeping employers compliant

Interplay of FMLA, ADA & Workers’ Compensation

  • “Areas of interplay” chart

1:45 p.m. – 2:00 p.m. Q & A’s

Who Will Benefit

  • Senior Leadership
  • HR Professionals
  • Operations Professionals
  • Compensation Professionals
  • Managers & Supervisors
  • Employees

Your Instructor

Diane L. Dee
Diane L. Dee

Diane L. Dee, President of Advantage HR Consulting, has over 25 years of experience in the Human Resources arena. Diane's background includes experience in HR consulting and administration in corporate, government, consulting and pro bono environments. Diane founded Advantage HR Consulting in early 2016. Under Diane's leadership, Advantage HR provides comprehensive, cost-effective Human Resources solutions for small to mid-sized firms in the greater Chicagoland area.

Diane holds a Master Certificate in Human Resources from Cornell University's School of Industrial and Labor Relations and has attained SPHR, SHRM-SCP, sHRBP and HRPM® certification.

Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.

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