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Course/Product Description
Title:

ADA, FMLA, and Workers’ Compensation Summit: Understanding Your Intersecting Leave Law Obligations

SKU:WC-1013110
Date / Time: Recorded
Format: Webinar
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Description:

In June 2013, a federal court ruled against the United Parcel Service for their inflexible leave policy. The EEOC claims that the package delivery company violated the ADA by allowing only a 12-month leave of absence, failing to provide disabled employees further reasonable accommodations for their disabilities, and firing them if they exceeded those parameters.

Earlier this year, the EEOC also issued revised publications on the rights of employees protected under the ADA - specifically four documents addressing employees with cancer, diabetes, epilepsy, and intellectual disabilities.

With cases like this as well as new ADA revisions, it′s clear that the EEOC is targeting employer leave policies like never before. So how can you make sure you′re in compliance and that your policies are up to date?

Complicated questions like these arise all the time when the line separating employee FMLA rights, applicable workers’ comp coverage, and employee rights under the ADA is blurred. Employer obligations can get murky, so it′s imperative that you know how to determine precisely what you can and can′t do when facing the treacherous triangle of disability and leave laws.

By participating in this interactive one-day event, you′ll learn how intersecting ADA, FMLA, and workers′ comp regulations impact your policies and procedures and what you MUST do to adapt.

In addition, you′ll learn:

  • What the leave and disability laws require and the order they should be applied
  • Key differences between a “serious health condition,” a “disability,” and a “workplace injury”
  • How to tell if someone with cancer is disabled under the ADA and the documentation you may request
  • What to do when you suspect issues related to an employee’s performance may be due to mental illness
  • How to tell if a temporary transfer or change in duties/hours is the answer
  • The game plan for returning a workers’ compensation claimant to work
  • What your leave policy should never state
  • How to have difficult conversations with protected employees about attendance, conduct, or performance-based issues
  • And much, much more!

Full Agenda

Session 1: Navigating the Maze of Disability and Leave Laws: A Primer to Identifying Key Differences Among the ADA, FMLA, and Workers’ Compensation Laws- 11:00 a.m.-12:15 p.m. (All Times Eastern)

  • What the leave and disability laws require and the order they should be applied
  • Key differences between a “serious health condition,” a “disability,” and a “workplace injury”
  • What you should be asking to analyze whether an employee is eligible for leave in the first place
  • Physical and mental conditions that generally qualify as disabilities under the ADA
  • Short-term conditions that may be substantially limiting and thus would entitle an employee to protection under the ADA
  • How the ADA Amendments Act expanded the scope of disabilities covered under the ADA to potentially include more individuals and conditions than ever before
  • The most common types of leave- and disability discrimination claims the EEOC is targeting now, and how to avoid becoming a casualty of litigation

Session 2: Identifying Whether Common Physical Ailments and Psychological Conditions Are Protected under Both FMLA and the ADA - And How to Properly Handle These Situations- 12:15 p.m.-1:45 p.m.

  • Practical challenges employers face concerning a laundry list of physical and psychological claims, such as cancer, diabetes, pregnancy, substance abuse, depression, bipolar disorder, and alcoholism
  • When cancer is considered a serious health condition under FMLA, and the documentation you may require from the employee for FMLA leave
  • How to tell if someone with cancer is disabled under the ADA and the documentation you may request
  • Types of workplace accommodations that may be necessary for many common physical and psychological conditions, including flexible scheduling for treatment
  • Examples of when a pregnant employee eligible for FMLA reduced-schedule, intermittent, or block FMLA leave may also be “disabled” under the ADA - and your duties in that case
  • What to do when you suspect issues related to an employee’s performance may be due to mental illness, such as depression or bipolar disorder, or substance abuse
  • How to effectively communicate with employees who may be emotional or acting in an erratic manner due to their mental status
  • When substance abusers’ and alcoholics’ absences should be designated as FMLA leave - and what information you need to make the right call
  • How to address a situation where a substance abuser or alcoholic requests an accommodation under the ADA
  • What you should do to handle threats or other behavior that’s disruptive to your workplace
  • Common mistakes to avoid when managing mentally ill employees, so you don’t misstep under the ADA or FMLA
  • How to successfully handle an employee’s return to work following a stint in rehab
  • Potential accommodations you should be prepared to make for diabetic employees, including intermittent leave for treatment, breaks to check blood-sugar levels, part-time or modified work schedules
  • When reassigning an employee with diabetes to a different role may make the most sense
  • How much information you can legally disclose to supervisors and coworkers about accommodations being made for employees
  • How to obtain the medical documentation you need to adequately address requests for accommodation, which may include reduced hours or time off
  • Best practices for maintaining privacy and confidentiality
  • What the EEOC is now saying about a mental health provider’s role in a client’s request for a reasonable accommodation at work

Break: 1:45 p.m.-2:15 p.m.

Session 3: Reinstatement and Your Right to Request Fitness-for-Duty Certifications When Employees Seek to Return to Work Following WC Accidents or Due to Other Disabilities- 2:15 p.m.-3:30 p.m.

  • The general rules under FMLA and the ADA governing fitness-for-duty and other medical exams
  • What FMLA and ADA have to say about reinstatement rights
  • How to get the information you need to make educated decisions concerning light duty and other accommodations without asking intrusive - and possibly illegal - questions
  • What not to do so you don’t inadvertently spark “regarded as” disabled claims under the ADA
  • How to tell if a temporary transfer or change in duties/hours is the answer
  • The types of records supervisors should never have access to
  • Where to store medical records and fitness-for-duty test results for protected employees
  • What action you may legally take when an employee exhausts FMLA leave
  • Examples of when additional leave may be warranted under other state or federal laws, and in what order the laws should be applied
  • The game plan for returning a workers’ compensation claimant to work - how to get the information you need to determine if they can safely perform their job without running the risk of re-injury
  • When your duty to engage in the interactive process is triggered under the ADA - and what your main goals during the process should be
  • The game plan for making the call on whether to grant additional block or intermittent time off as accommodation for an employee who’s no longer entitled to leave under FMLA or workers’ compensation law
  • What supervisors and line managers should know about the process of providing a reasonable accommodation
  • Legal tricks for getting doctors and other healthcare professionals to respond with conclusive statements about employees’ medical conditions
  • How to analyze whether a requested accommodation is reasonable
  • Whether someone who’s “regarded as” being disabled is entitled to accommodation under the ADA
  • How one’s “record of disability” may affect reasonable accommodation-related issues
  • Tips for handling requests for reassignment to vacant positions
  • The type of documentation you may request to support an employee’s accommodation request
  • What you can and cannot tell coworkers’ about a protected employee’s accommodation
  • Examples of the types of ADA accommodations that may be warranted based on the circumstances presenting, including potentially restructuring a job, reducing work hours, or changing the employee’s work schedule
  • What to consider when an employee requests intermittent or set periods of leave as an ADA accommodation after exhausting FMLA leave
  • Factors the EEOC, a judge, or a jury are likely to consider when determining if granting an ADA accommodation would have placed an undue hardship on your organization

Break: 3:30 p.m.-3:45 p.m.

Session 4: How to Legally Discipline and Terminate Protected Workers Without Getting Tangled in the ADA/FMLA Legal Web-
3:45 p.m.-4:45 p.m.

  • Key questions to ask before terminating an employee who isn’t medically cleared to return to his or her pre-leave position
  • Factors to consider to determine whether an employee’s continued absence creates an undue hardship on your organization
  • What your leave policy should never state - and the corrections you should make immediately if you have questionable policy language or practices in place
  • How to have difficult conversations with protected employees about attendance, conduct, or performance-based issues
  • Tips for documenting employment issues in a legally defensible manner
  • What to do if the employee fails to meet the corrective action goals you’ve established
  • How many tries you should give the protected employee a chance to shape up
  • When it’s time to terminate an employee who can’t return to work following a period of disability
  • Why you can’t legally terminate an employee for not being “100 percent” medically cleared to return to work
  • The anatomy of FMLA interference, FMLA retaliation, and ADA disability discrimination and retaliation claims, so you can spot things your organization may be doing to leave you vulnerable to an EEOC investigation or a lawsuit

Speakers:

Attorney Merrily Archer, M.S.W., is the founder of EEO Legal Solutions, which offers expert, creative, and cost-effective solutions for managing the burgeoning risk of workplace EEO disputes. Ms. Archer is a former labor and employment attorney and a trial attorney for the U.S. Equal Employment Opportunity Commission. As a former EEOC insider, she uses her knowledge to empower HR leaders and in-house counsel to triage EEOC charges and handle in-house lower risk matters historically referred to outside counsel. Ms. Archer is a past winner of Denver Business Journal′s Forty under 40 award, a recognized SuperLawyer in Employment Litigation Defense, and a recently inaugurated finalist in Law in the 2012 Denver PowerBook. She has published several articles and is a much-requested presenter on EEO issues for regional and national HR and trade organizations such as SHRM, CHRA, BAHRA, CAPLAW, the Colorado Bar Association, and the EEOC Training Institute.

Attorney Alanna Brook of Fisher &Phillips LLP′s Phoenix office of focuses her practice on labor and employment litigation, employment discrimination and harassment claims, non-competition and trade secret agreements, and retaliation and wrongful termination claims. She has represented clients in both the Arizona Superior Court as well as the Executive Office of Immigration Review.

Attorney Susan G. Fentin is a partner in the labor and employment firm of Skoler, Abbott &Presser, P.C., which has represented exclusively management interests for more than 40 years. She is experienced in teaching master classes on both the FMLA and ADA. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws, and representing employers before state and federal agencies and in court.
Attorney John S. Gannon is an associate in the Springfield, Massachusetts office of Skoler, Abbott &Presser, P.C. He defends employers against discrimination, retaliation, harassment, wrongful termination, and related claims. In addition, he conducts comprehensive workforce wage and hour audits and reviews workplace policies for compliance with state and federal employment laws.

Cannot Attend The Live Presentation?

This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.

About Webcasts / Audio Conferences / Podcasts:

Webcasts, audio conferences, and podcasts are presentations that you attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.

The live versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back at work immediately after the session ends!

And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous times and to share it with others in your office.

Handout materials and the phone number for live presentations are made available to you prior to the event via email from the presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.

Licenses / Designations / Educational Credits:PHR / SPHR Re-Certification Credits
All US States: 5
About The Provider: BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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Keywords For This Course:

ADA/FMLA intersection, ADA compliance, reasonable accommodation, FMLA leave exhausted, workers’ comp, reinstatement rights

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