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Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program Agenda

Online Course: ID# 1000008


The Family Medical Leave Act (FMLA)

  • Review Of FMLA
  • Types Of Leave
  • Leave Requirements
  • Review of FMLA: Administrative Requirements
  • Employment And Benefit Protection

The Americans with Disabilities Act (ADA)

  • Review Of Americans with Disabilities Act Amendment Act (ADAAA) of 2008
  • ADA
  • Qualified Individual With A Disability
  • Key Requirements For Employers
  • Medical Information And Inquiries

Workers’ Compensation

  • Employers And Employees Subject To Workers’ Compensation
  • Exclusive Remedy Principle
  • Benefits Under Workers’ Compensation
  • Compensable Injuries And Illnesses

The Pregnant Workers Fairness Act (PWFA)

  • Employers and Employees Subject to The PWFA
  • Known Limitation
  • Qualified Employee
  • Reasonable Accommodations

Light-Duty And Alternative Position Rules

  • FMLA Restoration Rule With Light-Duty Assignments
  • Seemingly Contradictory Rules
  • When The Alternative Position Rule Applies
  • When The Light-Duty Rule Applies

Issues Before 12 Weeks Of FMLA Allotment Is Used

  • When FMLA And ADA/PWFA Occur Together
  • FMLA Leave And Reasonable Accommodation
  • Alternative Position And Reasonable Accommodation – An Apparent Contradiction
  • Alternative Position And Reasonable Accommodation – How To Handle
  • Employee’s Request For Leave For Disabling Condition
  • Medical Certification Issues
  • Restoration And Reasonable Accommodation
  • Restoration To The Same Or Equivalent Job

Issues After FMLA Leave Is Exhausted

  • At The End 0f 12 Weeks Of FMLA Leave
  • Extending Leave As A Reasonable Accommodation
  • Reassignment To An Equivalent Position
  • Reassignment To A Lower Level Position

FMLA and Light-Duty Assignments

  • When FMLA And Workers’ Compensation Occur Together
  • Employer’s Light-Duty Offer
  • Consequences Of Taking FMLA Leave
  • Consequences Of Taking A Light-Duty Assignment
  • Rights and Responsibilities Notice Requirement

Other Issues

  • Workers’ Compensation And Other Paid Benefits
  • Contact With Physicians

Classification Issues

  • When ADA And Workers’ Compensation Occur Together
  • Whether A Worker’s Compensation Occurrence Intersects With A “Record Of” Impairment
  • Whether A Worker’s Compensation Occurrence Intersects With Being “Regarded As” Having An Impairment
  • Exclusive Remedy Principle And Legal Action Under The ADA

Hiring Issues

  • Workers’ Compensation Questions And Prospective Employees
  • State Health And Safety Laws And New Hires

Return to Work Issues

  • Disability-Related Questions And Injured Employees
  • Confidentiality Of Medical Records
  • Risk Of Injury
  • “Full-Duty” Restrictions
  • “Permanent” And “Total” Disability Designations
  • Responsibility For The Return To Work Decision

Reasonable Accommodation

  • Discharge Versus Reasonable Accommodation
  • Reinstatement Rights
  • Reallocation Of Marginal Job Functions
  • Accommodation To Original Position Versus Reassignment To Another Position
  • Reassignment
  • Leave As Accommodation Versus Accommodation To The Original Job
  • Rehabilitation Programs

Light-Duty Issues

  • Providing Light-Duty Assignments
  • Light-Duty Work For Disabled Employees Not Occupationally Injured

Coordination of FMLA, ADA, And Workers’ Compensation

  • When FMLA, ADA, and Workers’ Compensation All Apply
  • Leave Issues
  • Reasonable Accommodation Issues
  • Pay And Benefits
  • Length Of Leave
  • Return To Work
  • Light-Duty Assignments
  • Medical Information
  • Reassignment
  • Termination

Coordination Of FMLA, ADA, And PWFA

  • When FMLA, ADA, and PWFA All Apply
  • Leave and Accommodation Issues
  • Length Of Leave
  • Return-To-Work
  • Medical Information

Coordination Of FMLA, ADA, PWFA, And COBRA

  • Loss Of Coverage During FMLA and ADA/PWFA Leave
  • COBRA Qualifying Events In Conjunction With FMLA
  • Maximum COBRA Coverage Period
  • Waiver Or Failure To Pay Premium During FMLA Leave
  • COBRA Rights When Coverage Lapsed During FMLA Leave Period

General FMLA Benefits Issues

  • Dropping Coverage During FMLA Leave
  • Premium Payments
  • Paid Leave
  • Employee Contributions
  • Payment Options During Leave
  • Payment Options: Pre-Pay
  • Payment Options: Pay-As-You-Go
  • Payment Options: Catch-Up
  • Payment Options: Allowable Payment Choices
  • Plan Year Crossover
  • Same Rights As Other Employees

Specific FMLA Benefits Issues

  • Health Flexible Spending Arrangements: Options
  • Health Flexible Spending Arrangements: Reinstatement
  • Health Flexible Spending Arrangements: Uniform Coverage
  • Health Flexible Spending Arrangements: Waiver/Revocation and Reinstatement
  • Health Flexible Spending Arrangements: COBRA
  • Dependent Care Flexible Spending Accounts
  • Other Non-Health Benefits
Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program
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