PWFA Excerpts And Demo

This page provides an inside look at the style and content of our PWFA training course. Below, we've included a couple of content excerpts as well as some screen captures that follow Instructional Design guidelines by showing lesson goals, training of those goals, then testing against what is taught.

You'll notice that we provide both the answers and the answer rationale for each of our knowledge check questions, which is a great way to help ensure learning.

As always, feel free to contact us if you have questions or need assistance ordering!

Excerpts From Our PWFA Training & Certification Program

The following are four of the many recommendations from our PWFA Training & Certification Program that help address some of the concerns mentioned above:

Excerpt #1: Managers And Supervisors

It is important to understand which people and entities are considered the "employer" because the regulatory definition is broad enough to include managers and supervisors of the employer.

Under the law of principal and agent, the principal (employer) is responsible for the actions (or inactions) of its agents. If an agent violates the law, the principal is most likely liable, as well.

While supervisors and managers cannot be held individually liable under the PWFA, their actions on behalf of the employer can create liability for the employer. These are the people who are often the first to know about a worker's pregnancy-related limitation and request for reasonable accommodation.

Since the regulatory definition is broad enough to include managers and supervisors, this means the employer can be liable for PWFA violations if a supervisor mishandles a pregnancy accommodation request.

Excerpt #2: Qualified Employees

Similar to the ADA, the PWFA protects "qualified employees". However, the PWFA expands what that term means beyond the ADA definition. Specifically, under the PWFA, applicants are included in the statutory definition of "qualified employees".

The PWFA provides two avenues through which an employee or applicant can become a qualified employee.

First, as under the ADA, a "qualified employee" is able to perform the essential functions of their role with or without a reasonable accommodation.

Second, in a substantial departure from the ADA, the PWFA expanded the definition of a qualified employee to also include workers who are:

• Unable to perform an essential function of their role for a temporary period of time;
• Able to perform that essential function in the near future; and
• Able to be reasonably accommodated by the employer for their inability to perform essential functions

The statutory language of the PWFA does not specifically define "temporary" or "in the near future". However, the regulations do provide guidance on these terms, which will be covered in detail in the following pages.

Excerpt #3: PWFA Interactive Process

Employers should respond promptly to requests for accommodation. When the limitation and accommodation are straightforward, as they often are with pregnancy, the interactive process can be a single informal conversation or short email exchange.

If either the limitation or the accommodation is not clear from the initial accommodation request, the interactive process is an informal, flexible, interactive dialogue that should serve to quickly provide the needed information. Because each pregnancy is different, the process should be highly individualized.

If an employer cannot determine the appropriate reasonable accommodation or the known limitation through the initial reasonable accommodation request or a simple conversation or email exchange, the flexible interactive process may continue, perhaps involving medical or vocational experts. Some questions to consider are:

• What limitations is the employee experiencing?
• How do these limitations affect the employee and the employee's job performance?
• What specific job tasks are problematic as a result of these limitations?
• What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations?
• Once accommodations are in place, would it be useful to meet with the employee to evaluate the effectiveness of the accommodations and to determine whether additional accommodations are needed?
• Do supervisory personnel and employees need training?

Excerpt #4: Who Can Request A Reasonable Accommodation?

While most PWFA accommodation requests will come from the employee directly, the law recognizes that sometimes other people may make those requests on behalf of the pregnant worker. The employee's representative for PWFA purposes can be a:

• Family member
• Friend
• Union representative
• Health care provider
• Other representative (e.g., roommate)

Note that, as under the ADA, to request accommodation, an individual may use plain language and need not mention the PWFA or use the phrase "reasonable accommodation".

Program Demo: How The Program Works

Our PWFA Training & Certification Program includes training that meets instructional design requirements. Namely, each Lesson starts with a Lesson Goals page that outlines the key items that will be taught in that Lesson, followed by multiple pages of training, and concluding with End Of Lesson Quizzes that test against the lesson goals. Read further for visuals and further explanations.

Lesson Goals

Each self-paced Training & Certification Program is delivered right to your desktop at the time you choose, and is loaded with information, examples, administrative tips, and interactive questions to help you understand and comply with Federally-mandated rules and regulations. You'll learn proactive design and administrative options, as well as key compliance processes and procedures to help reduce costs and health care claims, starting with a Lesson Goals page that tells you what you'll learn in that lesson. And best yet, your training is written in non-legal terms and supported with numerous tips, examples, and procedural recommendations. "Glossary" and "Help" buttons also are included, as well as a special "Bookmark" feature so you can save your place as needed.



End Of Lesson Quiz

Lesson goals and learned content are tested through interactive questions during and at the end of each lesson. Answers to each question are provided right on that page to give you immediate feedback.



Certification

And don't forget: upon completion of the Training portion of your Program, you can test for "Certification". Certification helps provide confidence to Managers and Administrators that the person handling FMLA administration has a good understanding of the complex requirements necessary for proper compliance.