FMLA , ADA/ADAAA and Workers Comp - Laws, Leave Abuse and Crafting Policies for Leave Management

This 3 part training series will analyze the three seemingly different bodies of law that often overlap leading to ambiguity and confusion. What are the eligibility/coverage criteria under the FMLA and the ADA/ADAAA and workers comp, Employee Leave Abuse under FMLA, ADA and Workers’ Comp and Crafting Policies and Procedures for Managing Employee Leave.

Part - 1:

• Life Science or Non-Life Science - Oh My! FMLA, ADA and Workers' Comp Overlap Guidance for all Employers - PART 1

Areas Covered in the Webinar:

• The difference between someone with a “serious health condition” under the FMLA and a “qualified individual with a disability” under the ADA/ADAAA
• Use of medical inquiries to determine coverage under the FMLA and the ADA/ADAAA
• Notification requirements under FMLA and ADA/ADAAA
• Reinstatement requirements under FMLA and ADA/ADAAA
• Situations where the FMLA and ADA/ADAAA may overlap
• Intermittent leave requests under FMLA and the ADA/ADAAA
• Terminating an employee who has exhausted FMLA leave time without running afoul of the ADA/ADAAA
• Documentation and meeting guidelines
• Case laws and/or emerging issues
• Best practices
• Issues of particular concern to healthcare/pharma/life sciences professionals and businesses
• Part - 2:
• Leave Abuse under FMLA, ADA and Workers’ Comp: How Employers Can Deal with the Most Outrageous Excuses - PART 2

Areas Covered in the Webinar:

• The difference between someone with a “serious health condition” under the FMLA and a “qualified individual with a disability” under the ADA/ADAAA
• Use of medical inquiries to determine coverage under the FMLA and the ADA/ADAAA
• Notification requirements under FMLA and ADA/ADAAA
• Reinstatement requirements under FMLA and ADA/ADAAA
• Situations where the FMLA and ADA/ADAAA may overlap
• Intermittent leave requests under FMLA and the ADA/ADAAA
• Terminating an employee who has exhausted FMLA leave time without running afoul of the ADA/ADAAA
• Documentation and meeting guidelines
• Case laws and/or emerging issues
• Best practices
• Issues of particular concern to health care/pharma/life sciences professionals and businesses
• Part - 3:
• FMLA, ADA & Workers Comp - Crafting Policies and Procedures for Managing Employee Leave - Part 3

Areas Covered in the Webinar:

• Intro/Overview
• Some Preliminaries
• Records and Record Retention;
• Employee records: start dates, previous leaves taken, attendance and punctuality, prior discipline.
• Previous accommodations requested, accommodations given.
• Call-in Policies
• Attendance Policies
• Paid sick days, paid vacation days
• Determine Chain of Command:
• Who will administer employee leave?
• To whom will the leave administrator report or bring questions?
• Training managers on chain of command issues and questions.
• Policies for determining type of leave and eligibility;

FMLA/notification/Inquiries

• Designation notice
• Certification, re-certification issues;

2nd and 3rd opinions;

• Timeframes
• Fitness for duty certification issues.
• ADA
• Determining eligibility;
• Notification;
• Inquiries
• Interactive process;
• Determining reasonableness of request;
• Exploring alternatives;

Transfer, reassignment, light duty

• Workers’ Comp
• State law
• Reporting injuries
• Medical treatment and inquiries;
• Exploring light duty option;
• During Leave:
• Procedures for Monitoring Leave:
• Communicating with employee;
• Re-Certification;
• Practices/Procedures for Investigation
• Termination/Discipline

Return to work issues

• Transfer/Reassignment/Light Duty
• Reinstatement?
• Best Practices

Who Will Benefit:

This webinar will provide valuable assistance to all companies, not-for-profits, school districts, governmental agencies and pseudo governmental agencies. Those that would benefit most would be:

• CEO’s, COO’s CFOs
• Department Managers or Directors
• Executives
• Managers and Supervisors
• Risk Managers
• Benefit Specialists
• Supervisors
• Business Owners
• General Managers
• Controllers/CFOs/Financial Managers
• Human Resource Managers/Administration
• HIPAA Officers
• Privacy Officers
• Health Information Managers
• Healthcare Counsel/Lawyers
• Office Managers
• Employers
• HR Practitioners
• Leave Administrators
• Benefits Administrators
• Payroll and accounting managers
• Payroll processing professionals
• Human Resources Directors, Managers and Specialists
• Panelist Profiles:
• Janette Levey Frisch, founder of The EmpLAWyerologist Firm, is an employment/HR attorney with over 20 years’ legal experience. Ms. Frisch is a legal wellness professional for employment practices and workforce challenges. She works with employers to craft solid employment practices wellness plans tailored to address a company’s needs and concerns. Ms. Frisch offers consultations and legal services on virtually all federal and NJ and NY state employment law issues.