The Interplay of the Family & Medical Leave Act, the Americans with Disabilities Act, and Workers’ Compensation Laws (5-hour Virtual Seminar)
Wed, July 8, 2020 11:00 AM – 04:00 PM EDT 5 Hour Credits HRCI 5 & SHRM 5 PDCsEnroll in Course
Use Code EBJULY4 and get 10% discount
Speaker:Diane L. Dee, President of Advantage HR Consulting, has over 25 years of experience in the Human Resources arena
11:00 a.m. – 11:05 a.m.
Participant Login & Introduction
11:05 a.m. – 12:20 p.m.
- Overview of the FMLA, ADA & Workers’ Compensation legislation
- Enforcement Authorities for the FMLA, ADA & Workers’ Compensation
- Specific Provisions of the ADA
- Definition of Terms Used Under the ADA
- Conditions Considered to Be Disabilities Under ADA
- Discussion of Reasonable Accommodations
- Role of Human Resources regarding accommodations for employees & job applicants, handling disability-related questions, interaction with applicable State Law
- The Accommodation Process:Determining the need for an accommodation, knowing when an accommodation is being requested, Determining legal rights & responsibilities, Conducting an Interactive dialogue, Requesting medical documentation, Deciding whether an accommodation is reasonable, Considering requiring a health examination, Selecting an accommodation, Monitoring & documenting the process
- Service Animals:Definition of a service animal, Where service animals are allowed, Controlling service animals, Other specific rules related to service animals
- Benefits & privileges of employment under ADA
- Communicating legal rights to employees
- Anticipated changes to the ADA
- New to ADA:Fragrance Sensitivity in the Workplace, Website compliance, Use of Recreational & Medical Marijuana in the Workplace
12:20 a.m. – 12:30 p.m Break
12:30 p.m. – 01:45 p.m
- Specific Provisions of the FMLA
- Covered employers and eligible employees
- Qualifying situations under FMLA
- Military Families Provisions:Military Caregiver Leave, Military Caregiver Leave for Veterans
- Defining “next of kin” under Military Care Leave
- Determining the applicable 12-month period
- FMLA impact on health benefits, compensation, job security and other types of leave
- “Key Employees” under FMLA
- Types of FMLA Leaves:Intermittent Leave, Reduced Schedules, Block Leave
- Certifying Intermittent FMLA Leave
- Certification Requirements
- Deadline for Certification Requests
- Serious health conditions under FMLA; Conditions NOT covered under FMLA
- Medical Releases
- Process for requesting FMLA leave, Employer notification requirements, FMLA rights & responsibilities notice, Consequences of Failure to provide notice
- Calculating Leave
01:45 p.m. – 02:15 p.m. Lunch Break
02:15 p.m. – 03:00 p.m.
- Provisions of Workers’ Compensation Legislation
- Employers who need to carry Workers’ Compensation coverage
- Illnesses & injuries covered by Workers’ Compensation; What Workers’ Compensation doesn’t cover
- Employers’ responsibilities under Workers’ Compensation
03:00 p.m. – 03:30 p.m.
- The Interplay of ADA, FMLA & Workers’ Compensation
- Employer responsibilities for purposes of determining which law, or laws, apply in particular situations
- Best practices to keeping employers compliant
03:30 p.m. – 03:40 p.m. Break
03:40 p.m. – 4:00 p.m. Quiz, Conclusion & Q&A
Legal compliance can get confusing when some legal regulations seemingly overlap or even seem almost contradictory to implement. This is the case when the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers’ Compensation intersect.
The intersecting of these three laws is complicated and open to problems if not handled correctly. ADA, FMLA and Workers Compensation 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.
It's essential for employers to understand Federal and State laws with respect to these three laws in order to be compliant.
The majority of unscheduled and scheduled absences are related to the illness of employees or their family members. Under those circumstances, one, both, or all three of these laws may be involved. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages.
In addition to employers legal responsibilities, employers also have moral and ethical responsibilities to ensure employees receive the benefits and protections these laws provide.
Why should you attend
The interplay of the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers Compensation laws has been referred to as the "Bermuda Triangle of employment law." It's imperative for employers to recognize and understand the interplay of the ADA, FMLA and Workers Compensation laws. Employers have legal responsibilities to comply with these laws or face significant violations for noncompliance. Employers have ethical and moral responsibilities to ensure employees receive the benefits and protections these laws provide.
Each of these three laws have different purposes. The ADA prohibits discrimination. The FMLA sets minimum leave standards. Workers compensation laws provide for payment of compensation and rehabilitation for workplace injuries and minimize employer liability.
Participating in this webinar will provide participants with a clear understanding of each of these laws and how they interact with each other, incorporating that information into company policies, and the ability to communicate those policies to employees.
Who will benefit
- Senior Leadership
- Human Resources Professionals
- Compliance Professionals
- Payroll Professionals
- Operations Professionals
- Managers & Professionals
This activity has been approved for 5 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
This program is valid for 5 PDCs for the SHRM-CP® or SHRM-SCP®
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.