The Complexity & Interplay Among the ADAAA, FMLA, and Worker’s Comp (WC) - How Do They Work Together—Or Not?: HRCI CPE - 1.5
- Speaker:Dr. Susan Strauss
- Product Code:GRC-90233
HRCI Credits: 1.5
HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
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Challenges - It’s confusing isn’t it? How are we supposed to keep it all straight when there are times when the legal requirements of both Family Medical Leave Act (FMLA) and the American Disabilities Act Amendment Act (ADAAA) are similar, yet at other times one law contradicts another? We find that we can’t comply with both laws at the same time, so which one takes precedence over the other? And where does WC come in? To complicate matters even more, WC is a state law, while FMLA and ADAAA are federal laws, and there are other state civil rights laws that also impact FMLA and the ADAAA. Consider that an injury under WC may also be a “serious health condition” under FMLA. State laws may differ from federal laws by covering additional health conditions, may apply to small organizations, or may cover situations in which the federal laws have no say such as domestic abuse. As HR, we have the responsibility of sifting through these laws to ensure that we comply with each law that provides the best benefit to our employees. These laws provide entitlements to our employees which means they are not considered an optional benefit. So, even if you fail to apply the law to your employee, they can claim protection anyway. For example, if you fail to provide appropriate leave under FMLA, that does not remove the employee’s right to a job-protected leave. The ultimate goal of all three laws is to assist the employee to return to work.
Financial – Costs related to absenteeism, turnover, liability based on civil rights laws, costs related to investigations.
Ensuring compliance with FMLA can be frustrating for
many HR professionals who are uncomfortable with the Act. This leads to litigation. Then, to add the ADAAA legal requirements
adds to the confusion which can also lead to discrimination under civil rights
law. Sometimes sprinkled in with FMLA
and the ADAAA is WC – the nexus among the three legal requirements, especially
as it relates to leave, medical certification, and getting the employee back to
work as quickly as possible, can be daunting.
This webinar will separate the three laws and examine how each law
applies to work situations.
Other Benefits of attending this Webinar:
The webinar addresses laws that HR is responsible for upholding. When the laws are not followed, it increases the liability for the organization and interferes with a fair and equitable work environment for employees. The interplay among Workers’ Comp, ADA, and FMLA is confusing to many HR professionals, this webinar will help decipher the complexities.
Areas Covered in the meeting:
review the intricacies of how WC, ADAAA,
and WC intersect to provide employees’ coverage under these acts
discuss the challenges in terminating an employee after they have expended
their FMLA benefits without ignoring their rights through the ADAAA or state
identify steps to follow when an employee fails to provide the requested and
required medical certification
explain the process in responding to an intermittent leave request that may include a potential ADAAA
describe essential documentation guidelines to prevent liability
outline best practices when conducting the legally required interactive process when determining an
clarify a physical or mental impairment that substantially limits one or more major life activities based on the
discuss the criteria for essential job
determine if and why you need a second or third medical opinion
judge WC/ADAAA light duty restrictions while
keeping FMLA intermittent and reduced scheduled leave viable.
- Tips - To
identify the top ten FMLA leave mistakes
Who will benefit:
This webinar is for all industries so identifying specific job titles is not realistic. That said, the following general job titles should attend:
- All types of Industries
- VP of HR
- All HR directors, managers, and
of Risk Management
Dr. Susan Strauss is a national and international speaker, trainer and consultant. Her specialty areas include education and workplace harassment, discrimination and bullying; organization development, and management/leadership development. Her clients are from healthcare, education, business, law, and government organizations from both the public and private sector. Susan conducts discrimination and bullying investigations, works as an expert witness for education and workplace harassment and bullying lawsuits, and coaches those managers and employees that need assistance in stopping their misconduct Dr. Strauss has authored over 30 books, book chapters, and articles, Susan has been featured on 20/20, CBS Evening News, and other television and radio programs as well as interviewed for newspaper and journal articles. She holds a doctorate in organizational leadership.