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Using Medical Experts in Determining Leave Under ADA and FMLA

Webinar: ID# 1015814
Recorded CD
Qty:
About This Course:
Many employers encompassed within the guidelines of the FMLA and ADA do not understand all of their rights and responsibilities with obtaining the required medical certifications accompanying the necessary paperwork of an eligible employees request for leave.

They also do not understand when it is beneficial to obtain medical recertification or employer health care provider second opinions to ensure employee safety on the job and to mitigate the expense of FMLA and ADA abuse in their workplace.

This topic helps the persons responsible for handling and processing FMLA and ADA paperwork to understand how to review employee medical certifications to ensure clarity and completeness in the health care providers documentation of the serious health condition and then to understand and know the proper procedures of when it becomes necessary to seek medical recertification or a second opinion from an employer health care provider.

Failing to understand the regulations set forth by the FMLA and ADA as they pertain to medical certifications recertifications and second opinions is one of the most common errors employers make in ensuring compliance with these acts. This workshop is critical for employers in ensuring the safety of their employees and customers but also to mitigate the rising expenses of FMLA and ADA abuse.

Agenda

FMLA Medical Certifications, Recertifications and Second Opinions
  • When and How to Seek Employer Health Care Provider Second Opinions for FMLA Leave
  • Relevant FMLA Regulations and Case Law Illustrating the Employer's Requirements in Obtaining Medical Certification and Recertification
  • Employer Rights to Seek Employee Recertification of Med Cert for FMLA Leave
Medical Certifications and Fit-For-Duty Evaluations Under the ADA
  • Rights and Responsibilities When Accommodations Are Asked for in the Employment Application Process
  • Mandatory Medical Evaluations – When Are They Allowed
  • Reasonable Accommodations and Undue Hardships
Medical Experts
  • Medical Expert Qualifications – When Can You Demand a Specialist
  • Requiring a Company Doctor or EAP vs. Employee's Choice of Doctor
  • Employee Objections
About The Presenters

Neil M. Alexander
  • Shareholder at Littler Mendelson P.C. Phoenix Office
  • Trial attorney who regularly defends companies again claims involving the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, Title VII, wrongful termination, unfair competition and trade secret violations, noncompetition agreements, whistle-blower and retaliation, harassment and discrimination
  • Named The Best Lawyers in America, 2014, 2015 and 2016; named Top Arizona Lawyer by Arizona Business Magazine, 2009 and 2010
  • Regularly contributes to articles in newspapers and magazines and writes publications for national trade association newsletters; he has been interviewed on national radio and is frequently quoted in national and regional publications
  • Frequent keynote speaker for national and state trade associations, client internal events and client appreciation events regarding employment law updates, contingent workforce issues, and employment law compliance related topics
  • Member, Board of Directors – State Council Arizona Society for Human Resources Management; member – Legislative Advisory Council National Association of Professional Employer Organizations
  • J.D. degree, University of San Diego School of Law; B.A. degree, University of Washington
Cory Glen Walker
  • Associate with Littler Mendelson P.C. with a focus on wage and hour and class actions
  • Counsels and represents management clients, particularly in the hotel and gaming industries, in connection with a broad range of employment matters arising under state and federal law; he is particularly experienced with wage and hour class action litigation, wage and hour compliance counseling, Fair Labor Standards Act claims, and administrative charges
  • Assisted with the writing and research for an extensive memorandum that addressed the implications of privilege with regard to internal wage and hour audits
  • Provided clients with counseling on internal audits for compliance with overtime exemptions, with particular emphasis on computer professionals
  • J.D. degree, cum laude, University of Michigan Law School; B.A. degree, cum laude, Brigham Young University
Order:
Using Medical Experts in Determining Leave Under ADA and FMLA
Available on CD format
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