This course, has been approved for 4 HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).
Diane L. Dee, President and Founder of Advantage HR Consulting, LLC is a senior Human Resources professional with over 30 years of experience in the HR arena. Diane’s background includes experience in HR consulting and training & administration in corporate, government, consulting and pro bono environments.
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Attend this webinar to gain a clear understanding of the Americans with Disabilities Act (ADA), The Family and Medical Leave Act of 1973 (FMLA), and Workers’ Compensation laws and how they interact with each other. Learn how to incorporate that information into company policies and develop the ability to communicate those policies to employees.
Why Should You Attend:
The interplay of the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers’ Compensation laws has been referred to as the “Bermuda Triangle of employment law.” It’s imperative for employers to recognize and understand the interplay of the ADA, FMLA and Workers’ Compensation laws. Employers have legal responsibilities to comply with these laws or face significant violations for noncompliance. Employers have ethical and moral responsibilities to ensure employees receive the benefits and protections these laws provide.
Each of these three laws have different purposes. The ADA prohibits discrimination. The FMLA sets minimum leave standards. Workers’ compensation laws provide for payment of compensation and rehabilitation for workplace injuries and minimize employer liability. Participating in this webinar will provide participants with a clear understanding of each of these laws and how they interact with each other, incorporating that information into company policies, and the ability to communicate those policies to employees.
Legal compliance can get confusing when some legal regulations seemingly overlap or even seem almost contradictory to implement. This is the case when the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers’ Compensation intersect. The intersecting of these three laws is complicated and open to problems if not handled correctly. ADA, FMLA and Workers’ Compensation have different goals and protections for employees, yet all three have provisions that may require an employer to give job-protected time off when the right circumstances are met.
It’s essential for employers to understand Federal and State laws with respect to these three laws in order to be compliant.
Course Objectives:
The majority of unscheduled and scheduled absences are related to the illness of employees or their family members. Under those circumstances, one, both, or all three of these laws may be involved. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages. In addition to employers’ legal responsibilities, employers also have moral and ethical responsibilities to ensure employees receive the benefits and protections these laws provide.
Course Outline:
• Purposes of the ADA, the FMLA, and Workers’ Compensation Laws
• Understanding the provisions of ADA, FMLA and Workers’ Compensation law
• Employer coverage
• Employee eligibility
• Length of leave
• Medical documentation that may be requested
• Restricted/Light Duty
• Fitness-to-Return certification
• Employee benefits while on leave
• Job reinstatement
• Recognizing and analyzing the interplay of the ADA, FMLA and Workers’ Compensation law: What’s the risk for employers?
• Impact of State-enacted FMLA laws
• Enforcement authorities for each of the three laws
• Running afoul of the Equal Employment Opportunity Commission (EEOC)
• Situations in which employees have a sense of unfair treatment
• The areas of interplay to consider when managing employee absenteeism
• Tactics to keep employers compliant
• Determining employers’ responsibilities regarding medical and disability-related leave requests
• Considering medical leave requests through the lens of the FMLA, ADA, and Worker’s Compensation
• Protocol for employees requesting medical leaves of absence
• Intermittent or Reduced-Schedule leaves
• Impact of intermittent leave on performance standards
• Supervisors create liability
• Reviewing your organization’s leave policies and their implications for ADA, FMLA, and Workers’ Compensation
• Reflecting ADA, FMLA and Workers’ Compensation regulations in your policies
• Communicating leave policies to employees
What You Get:
• Training Materials
• Live Q&A Session with our Expert
• Participation Certificate
• Access to Signup Community (Optional)
• Reward Points
Who Will Benefit:
• CEO’s, COO’s CFOs
• Business Owners and Employers
• HR Practitioners,
• Leave Administrators
• Benefits Administrators
• Payroll and accounting managers
• Payroll processing professionals
• Human Resources Directors, Managers and Specialists
• Senior Leadership
• Human Resources professionals
• Compliance professionals
• Operations professionals
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