4-Hour Virtual Webinar on The Interplay of American With Disability ACT, The Family and Medical Leave Act, and Workers Compensation 2021
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Date
Sep 15, 2021 -
Time
13:00 PM EST -
Duration
240 Min
Overview:
Legal compliance can
get confusing when some legal regulations seemingly overlap or 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 is 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
and/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.
Background:
The Americans with
Disabilities Act (ADA) prohibits discrimination against applicants and
employees who are “qualified individuals with a disability.” The Family and
Medical Leave Act of 1973 (FMLA) sets minimum leave standards for employees for
the birth and newborn care of a child, placement of a child for adoption or
foster care, to care for an immediate family member with a serious health
condition, and for the employee’s serious health condition. And Workers’
Compensation provides for payment of compensation and rehabilitation for workplace
injuries and assists in minimizing employer liability. While these individual
policies are relatively straight-forward in their application in the workplace,
understanding how these three laws intersect can be quite confusing.
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 is 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.
Session Highlight:
· Purposes of the ADA,
the FMLA, and Workers’ Compensation Laws
· Understanding the provisions of ADA, FMLA and Workers’ Compensation law
· Employer coverage
· Employee eligibility
· Length of leave
· Medical documentation that may be requested
· Restricted/Light Duty
· Fitness-to-Return certification
· Employee benefits while on leave
· Job reinstatement
· Recognizing and analyzing the interplay of the ADA, FMLA and Workers’ Compensation law: What is the risk for employers?
· Impact of State-enacted FMLA laws
· Enforcement authorities for each of the three laws
· Running afoul of the Equal Employment Opportunity Commission (EEOC)
· Situations in which employees have a sense of unfair treatment
· The areas of interplay to consider when managing employee absenteeism
· Tactics to keep employers compliant
· Determining employers’ responsibilities regarding medical and disability-related leave requests
· Considering medical leave requests through the lens of the FMLA, ADA, and Worker’s Compensation
· Protocol for employees requesting medical leaves of absence
· Intermittent or Reduced-Schedule leaves
· Impact of intermittent leave on performance standards
· Supervisors create liability
· Reviewing your organization’s leave policies and their implications for ADA, FMLA, and Workers’ Compensation
· Reflecting ADA, FMLA and Workers’ Compensation regulations in your policies
· Communicating leave policies to employees
Who Should Attend:
· Senior Management
· Human Resources professionals
· Payroll professionals
· Compliance professionals
· Recruiting professionals
· Operations Managers
· Compensation Professionals
· Managers & Supervisors
· Employees
(Note: Two 15 minutes break will be there for all participants)
This Program has been approved for 4.0 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).
Diane L. Dee,
President and Founder of Advantage HR Consulting, LLC is a senior Human
Resources professional with over 30 years of experience in the HR arena.
Diane’s background includes experience in HR consulting, training, and
administration in corporate, government, consulting and pro bono environments.
Diane founded
Advantage HR Consulting in early 2016. Under Diane’s leadership, Advantage HR
Consulting provides comprehensive, cost-effective Human Resources solutions for
small to mid-sized public and private firms in the greater Chicagoland
area. Diane also develops and conducts
webinars on a wide variety of HR compliance and administrative topics for
various training firms across the country.
Additionally, Diane is the author of multiple white papers and e-books
addressing various HR compliance topics.
Diane holds a Master
Certificate in Human Resources from Cornell University’s School of Industrial
and Labor Relations and has attained SPHR and SHRM-SCP 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.
4.0 HRCI Approved Credit Hours