Rare is the employer who hasn’t encountered a thorny employee leave issue. Many employers assume that an employee who isn’t eligible for FMLA leave does not have job protection. But the FMLA is not the only federal law that could provide employees job-protected leave. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) require employers to provide reasonable accommodations to qualified employees with disabilities so that they can perform the essential functions of their jobs—and a leave of absence may very well be such a reasonable accommodation. Employees who sustain a work-related injury may be eligible for time off from work under workers’ compensation laws.
Often two or more of these laws may apply at the same time, or consecutively. The potential for overlap, not to mention administrative headaches and the impact on your company’s bottom line seems to increase exponentially. These three seemingly different bodies of law often intersect in a way that leaves many employers scratching their heads. Guess what. Employee Leave doesn’t have to give you headaches! In this HR metrics training we’ll help you begin to unravel this tangled web of often overlapping employee leave laws.
We’ll help you alleviate concerns about administrative headaches, employee leave abuse and negative impact to your bottom line on one end and risk of non-compliance with FMLA, ADA and workers comp laws on the other end.
• Use of medical inquiries to determine coverage under the FMLA and the ADA/ADAAA
• Notification requirements under FMLA and ADA/ADAAA
• Reinstatement requirements under FMLA and ADA/ADAAA
• Situations where the FMLA and ADA/ADAAA may overlap
• Intermittent leave requests under FMLA and the ADA/ADAAA
• Terminating an employee who has exhausted FMLA leave time without running afoul of the ADA/ADAAA
• Issues of particular concern to health care/pharma/life sciences professionals and businesses and more!
• The difference between someone with a “serious health condition” under the FMLA and a “qualified individual with a disability” under the ADA/ADAAA.
• Documentation and meeting guidelines
• Case laws and/or emerging issues.
• Best Practices
Leave Administrators, Benefits Administrators, H.R. Managers, H.R. Directors, CEO’s, Business Owners, Senior Managers, Middle and front-line managers.
Years of Experience: 20+ years
Areas of Expertise: Employment Practices and Workforce Challenges
Janette Levey Frisch, founder of The EmpLAWyerologist Firm, is an employment/HR attorney with over 20 years of legal experience. Ms. Frisch is a legal wellness professional for employment practices and workforce challenges. She works with employers to craft solid employment practices wellness plans tailored to address an organization’s needs and concerns. As a consultant, she offers legal services on virtually all federal and NJ and NY state employment law issues.View all trainings by this speaker