How Do They Work Together—Or Not?: The Complexity & Interplay Among the ADAAA, FMLA, and Workers' Comp (WC)

    /Dr. Susan  /Strauss RN Ed.Dspeaker of Training Doyensinvite
    Speaker: Dr. Susan Strauss RN Ed.D


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    Duration: 90 Minutes
    Product Code: 50733
    Level: Intermediate

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OVERVIEW

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.

WHY SHOULD YOU ATTEND

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 complexity & interplay among the ADAAA, FMLA, Workers' Comp (WC) are confusing to many HR professionals and this webinar will help decipher the complexities.

AREAS COVERED

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.

LEARNING OBJECTIVES

  • To review the intricacies of how WC, ADAAA, and WC intersect to provide employees’ coverage under these acts
  • To discuss the challenges in terminating an employee after they have expended their FMLA benefits without ignoring their rights through the American Disability Act Amendment Act (ADAAA) or state laws
  • To identify steps to follow when an employee fails to provide the requested and required medical certification
  • To explain the process in responding to an intermittent leave request that may include a potential accommodation under the ADAAA
  • To describe essential documentation guidelines to prevent liability
  • To outline best practices when conducting the legally required interactive process when determining an accommodation under the ADAAA
  • To clarify a physical or mental impairment that limits major life activity based on the ADAAA 
  • To discuss the criteria for essential job functions 
  • To determine if and why you need more medical opinions
  • To judge WC/ADAAA light duty restrictions while keeping FMLA intermittent and reduced scheduled leave viable

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:

  • VP of HR
  • All HR directors, managers, and generalists
  • Supervisors
  • Managers
  • Director of Risk Management

SPEAKER

Years of Experience: 52+ years

Areas of Expertise: Workplace Harassment, Organization Development, and Management/Leadership Development

Dr. Susan Strauss RN Ed.D. 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 bullying and harassment 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 harassing or bullying behavior.

Dr. Strauss has authored over 30 books, book chapters, and articles.  Susan has been featured on 20/20, CBS Evening News, and other national and international television and radio programs as well as interviewed for newspaper and journal articles such as the Times of London, Lawyers Weekly, and Harvard Education Newsletter

Susan has presented at international conferences in Botswana, Egypt, Thailand, Israel, Palestine, Bali, Lebanon, and the U.S., and conducted sex discrimination research in Poland.  She has consulted with professionals from other countries such as Israel, England, Australia, Canada and St. Maartin. In addition to nursing education, she has her masters in community health and holds a doctorate in organizational leadership.

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