FMLA, ADA, And Workers' Comp Overlap: Overcoming Intersecting Compliance Challenges
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Let's say you’ve got a pregnant employee who experiences complications. She’s entitled to FMLA leave because her condition is serious enough to be protected. But, is she also entitled to leave as an accommodation under the ADA? And if so, how much leave is she entitled to in total? And what about when an employee claims workers’ comp and is unable to return to work, with or without accommodation, for several months?
Complicated issues like these arise all the time when the line separating employees’ FMLA rights, applicable workers’ comp coverage, and rights under the ADA isn’t clear. Employer rights and 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.
Join us when seasoned employment attorneys Michael E. Barnsback of O'Hagan Meyer and Jonathan Mook of DiMuro Ginsburg, both experienced at advising clients on the intersection of disability and leave laws, will provide best practices for managing the downright tricky scenarios that may occur at the intersection of the ADA, FMLA and workers’ compensation laws.
In just 90 minutes, you'll learn what you must do to keep your organization in compliance with the latest ADA, FMLA, and workers' comp rules and regulations. Register now risk free.
- What “substantially limited” in the performance of a major life activity means under the ADAAA
- Real life scenarios highlighting ADA, FMLA, and workers' comp interaction
- What to do if an ill or injured worker has exhausted an FMLA or other approved leave and is still unable to return to work
- Signs that your existing leave policies and practices could spark claims against your organization
- A checklist to follow before reassigning, transferring, or terminating an employee protected under federal disability and leave laws
- And much more!
About Your Presenters
Michael E. Barnsback, Esq.
O'Hagan Meyer PLLC
Michael Barnsback counsels and represents Virginia employers in all aspects of employment law. He has frequently lectured on and assisted employers with disability accommodation and leave issues under the ADA and FMLA. He is experienced defending employers in Department of Labor wage/hour audits and FLSA individual and collective action overtime cases. He also has significant background representing employers before the EEOC and state/local administrative agencies. He has over twenty years of courtroom experience litigating employment related cases.
His experience representing employers lead him to concentrate on data privacy and security issues involving not only internal (employee) threats, but also external threats. He counsels employers on issues concerning internal monitoring and data breach response obligations and procedures.
Mr. Barnsback has worked extensively with federal government contractors and employers in healthcare and financial industries.
He is an editor of the Virginia Employment Law Letter, a monthly newsletter published by M. Lee Smith Publishers, LLC. Mr. Barnsback is an adjunct professor of law at the George Mason University School of Law and teaches a class in labor law. He also frequently conducts seminars and webinars on employment law and data security and privacy issues.
Jonathan Mook, Esq.
Jonathan R. Mook is a founding partner in the firm of DiMuro Ginsberg. Mr. Mook is a nationally recognized authority on the Americans with Disabilities Act and is the author of two treatises published by Lexis Nexis, Americans with Disabilities Act: Employee Rights and Employer Obligations and Americans with Disabilities Act: Public Accommodations and Commercial Facilities. He lectures nationally on the Americans with Disabilities Act and other employment law topics. In January 2015, he was named to the Alexandria Commission on Persons with Disabilities. Mr. Mook is the editor of the Virginia Employment Law Letter and a member of the Editorial Board of Bender's Labor and Employment Bulletin.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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||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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