Even the most seasoned H.R. practitioners and leave administrators can get tripped up by employee leave issues. First there’s all the different requirements and nuances of the Family Medical Leave Act. Employees can also be eligible for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Amendments (ADAAA). If that’s not enough an employee who sustains a work-related injury can be eligible for time off under Workers’ Compensation laws. Some employees can be eligible for under two laws or even all three at once. So, what’s an employer to do? This seminar will help you untangle the web and navigate the overlap. You will also learn how to take a holistic, proactive approach to managing employee leave – and issues that may come up with employees on leave—to minimize leave abuses.
Learning Objectives:
Intro/Overview: Employee Leave and applicable laws- brief description and overview
FMLA Basics- Employers Covered, employee eligibility
- Notification Issues
- Health Care Providers, Tracking, and Method for Taking FMLA
- Job and Benefit Protections
- Retaliation/Interference/Discrimination
- Overview/brief description/history, compliance obligations
- What is NOT covered under the ADA/ADAAA?
- Defenses: (undue hardship, direct threat)
- Specific conditions (HIV/AIDS, alcoholism v drug users)
- Reasonable Accommodations, The interactive process
- Section 503 of the Rehabilitation Act
- Leave under Workers’ Comp
- Don’t Forget State/Local Laws
- The Big Picture
- Using the Interactive Process to Help Manage ADA Leave
- Monitoring Leave, Tracking Dates
- Extension Requests and/or Return to Work Issues
- Investigation
- The Decision
- Other Issues
Who will Benefit:
- Business Owners
- Managers
- HR Representatives
- HR Generalists
- HR Assistants
- Payroll Professionals
- Chief Financial Officers
- Controllers
- Consultants
- Managers
- Supervisors, etc.
Can You Answer the questions below?
- How do you know when an employee might be eligible for leave under more than one law at the same time?
- How and when do the FMLA, the ADA and workers’ comp laws overlap?
- What can and should you do when there is an overlap?
- What steps can you take to manage employee and prevent leave abuse before it happens?
- What can and should you do if you suspect leave abuse?
- Can you discipline an employee who is on leave?
All of the above questions and more will be answered in this information-packed program! Don’t put your company at risk!
- Registration Process - (8:30 AM till 9:00 AM)
- Session will begin by – (9:00 AM)
- 09:00 AM – 09:30 AM
- Intro/Overview: Employee Leave and applicable laws- brief description and overview
- FMLA and Military Family Leave
- ADA/ADAAA
- Workers’ Comp.
- USERRA
- Intro/Overview: Employee Leave and applicable laws- brief description and overview
- 09:30 AM – 10:30 AM
- FMLA Basics
- Employers Covered, employee eligibility
- Who is a “family member”?
- Qualifying reasons
- Serious health condition
- Qualifying exigencies for Military Family Leave
- FMLA activities
- What’s protected under FMLA?
- Continuous v Intermittent Leave (and Reduced Schedule)
- Notification Issues
- Eligibility, Designation, and Rights & Responsibilities Notices;
- Company policies, Employee Handbook provisions
- Certifications, Re-certifications;
- 2nd and 3rd Opinions;
- Employers Covered, employee eligibility
- FMLA Basics
- 10:30 AM - 10:45 AM Break
- 10:45 AM – Noon
- Health Care Providers, Tracking, and Method for Taking FMLA
- What is a “Health Care Provider”?
- Certifications from outside US or answered in foreign language
- Tracking the “12-month” period
- Calculating FMLA hours (continuous and intermittent leave)
- Special rules (e.g. airline flight crew and educational agency employees)
- Job and Benefit Protections
- Reinstatement to same or equivalent position
- When?
- Exceptions?
- Return to Work Issues
- Re-certifications
- FFD certifications
- Light Duty/Reassignment/Transfer
- Health Benefits (payment of premiums, recovery if employee quits)
- Reinstatement to same or equivalent position
- Retaliation/Interference/Discrimination
- Health Care Providers, Tracking, and Method for Taking FMLA
- 12:00 PM - 01:00 PM Lunch
- 01:00 PM – 02:30 PM
- ADA/ADAAA/Workers’ Comp/Section 503
- Overview/brief description/history, compliance obligations
- Definitions:
- “Disability”, “Impairment”
- “Substantial Limitation”
- “Major Life Activity”
- Physical Impairment/Mental Impairment
- Mitigating Measures
- “Regarded as” disabled
- Qualified Individual, Essential Job Functions
- Reasonable Accommodation
- What is NOT covered under the ADA/ADAAA?
- ADA/ADAAA/Workers’ Comp/Section 503
- 02:30 PM - 02:45 PM Break
- 02:45 PM – 04:00 PM
- Defenses: (undue hardship, direct threat)
- Specific conditions (HIV/AIDS, alcoholism v drug users)
- Reasonable Accommodations, The interactive process
- Initiating the process (who, what, when, where, why & how)
- Selecting the reasonable accommodation
- Leave as a reasonable accommodation
- Follow-up
- Section 503 of the Rehabilitation Act
- Leave under Workers’ Comp
- Don’t Forget State/Local Laws
- 08:30 AM – 10:30 AM
- Leave Management/Administration/Abuse Prevention
- The Big Picture
- Getting (How many leave requests, who is requesting, usual reasons for leave)
- Addressing the Big Picture (An EAP program? Safety Issues? Workplace stress, bullying, etc.)
- Determining what laws apply:
- To your company: (big enough for FMLA/ADA etc?)
- To this request: (i.e. for own serious health condition, family member, work-related injury)
- Potential overlap – which law(s) apply, which do you follow and how?
- Attendance, call-in, notification, lateness policies and procedures
- The Big Picture
- Leave Management/Administration/Abuse Prevention
- 10:30 AM - 10:45 AM Break
- 10:45 AM - 12:00 PM
- Certifications and re-certifications
- Forms, templates, documentation, recordkeeping
- Designating a go-to person and chain of command
- Using the Interactive Process to Help Manage ADA Leave
- Determining Whether Leave is an Undue Hardship
- Offering Alternative Accommodations
- Monitoring Leave, Tracking Dates
- Extension Requests and/or Return to Work Issues
- 12:00 PM – 01:00 PM Lunch
- 01:00 PM – 02:30 PM
- Investigation
- Factors to Consider before investigating
- Looking for patterns
- Using social Media
- Using surveillance
- Interviews
- Re-certifications
- Contacting Health Care providers
- Confidentiality
- The Decision
- FMLA and the “Honest Belief” Defense
- Fraud
- Undue Hardship
- Investigation
- 02:30 PM – 02:45 PM Break
- 02:45 PM – 04:30 PM
- Other Issues:
- Disciplining and Employee on Leave
- Travel Restrictions
- Outside Employment while on leave
- Partying/taking trips while on leave
- Other case examples/case studies
- Questions, Comments, Answers
- Other Issues:
Janette Levey Frisch, Esq
Employment/HR Attorney | Founder, The EmpLAWyerologist Firm | The Employer's Legal Wellness Professional
Janette Levey Frisch is an attorney with over 20 years’ of legal experience. Ms. Frisch, owner of The Emplawyerologist Firm, is on a mission: to help employers stay in compliance and out of court. Her extensive areas of expertise include federal and state anti-discrimination laws, FMLA, ADA, wage and hour issues, I-9’s, criminal background checks, employment agreements, terminations, and a myriad other challenges impacting employers today. Ms. Frisch worked as in-house counsel in the temporary staffing industry for almost nine years prior to starting her own practice.
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