Do you refrain from terminating employees because you are concerned about running afoul with either the FMLA or ADA and do not want a lawsuit? This interactive virtual workshop will help you understand when and how you can have confidence to terminate employees if they are not complying with notification and intermittent leaves as they relate to both FMLA and the ADA. Learn when enough is enough, and how to clearly document the process to avoid costly lawsuits.
The FMLA has challenged both experienced and new HR professionals since it became law. Recent changes to the FMLA and the ADAAA have increased this confusion. Understanding the various leaves that run concurrently and/or consecutively, and navigating the compliance maze adds a level of complexity that boggles the most seasoned professional. This webinar provides an overview of areas in which the biggest mistakes are made. It is an opportunity for HR and Payroll professionals to learn strategies for consistent application of compliance regulations.
Introducing simple compliance strategies will help attendees clearly understand the intent of both the FMLA and ADAAA when considering requests for intermittent and reduced schedule leave that include a request for an accommodation. It is very easy to miss significant opportunities to control the medical absences in your workplace when you are confused about coordinating the differing requirements.
We will discuss the major steps throughout an employee’s FMLA leave and then their ADA accommodation. We will then point out the significant differences between the FMLA and ADA notification processes and the medical certification documentation required to determine eligibility for leave. We will also explain the difference between notification, required documentation and the confirmation of your company’s ability to accommodate without undue hardship.
We will review these aspects as they apply to intermittent FMLA, ADA accommodation requests and Workers’ Compensation light duty as it relates to the need to obtain medical documentation under both the FMLA and the ADAAAA. We will cover when and why you should obtain a second opinion and/or a third opinion as well as why it is important to make sure the leave usage is corresponding with what the certificate states should be occurring. Do not let your medical leaves of absence control your work day any longer. Start taking a stand by learning when and how you can take control back.
This interactive Webinar workshop will assist you in understanding the complex interaction between FMLA and ADA (AA) as it relates to intermittent leave requests with an underlying accommodation. In addition, we will clarify and discuss strategies for managing the transition from FMLA to ADA, concurrent ADA compliance requirements when designating FMLA, and the significant differences between the compliance requirements.
- Clarification of employee notifications as they apply to both FMLA and ADAAA in an intermittent and reduced schedule leave environment.
- What to do when the employee is not responsive to requests for medical certifications.
- Explanation on how to respond to intermittent leave requests that include a potential or specific ADA accommodation.
- How to respond to ADA / Workers’ Compensation light duty restrictions as they relate to FMLA intermittent and reduced schedule leave.
- Documentation guidelines that will help your company stay out of court and/or avoid settling claims.
- When to hold a good faith meeting and how to document the process.
- What notification is required at various timelines in the FMLA / ADA leave and accommodation process.
- Medical releases to obtain additional data outside of the FMLA medical certification.
- When and why you should obtain a second and/or third opinion.
- When you can terminate an employee who has exhausted their FMLA benefits without running afoul with the ADAAA
- Explanations of why it is important to start controlling your medical absences instead of letting them manage you.
- Specific case studies will be evaluated to illustrate various scenarios that can cause confusion and leave a company open to potential litigation.
"This will be a highly interactive participant focused webinar. Participants are encouraged to be prepared with their own scenarios and questions and challenges to the webinar"
Ms Beth Brascugli De Lima,
HRM Consulting, Inc. ,
HRM Consulting, Inc.
Ms. De Lima provides corporate consulting on a national basis regarding employment regulation, compliance and vocational rehabilitation. Her organization has assisted corporate, not-for-profit, school districts, and governmental clients with Human Resource policy development and implementation since 1992 on a national, statewide, and local level.
Ms. De Lima has extensive experience in all areas of employment litigation including the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and Workers’ Compensation and is a recognized expert regarding Medical Leave Management employment law compliance. Ms. De Lima provides expert testimony for both the Plaintiff and Defense regarding Human Resource Best Practices and Standards of Care. Her focus is to assist organizations with mitigating potential liability by offering consulting services, mediation, and interactive training to organizations, not-for-profits, government and pseudo government entities, attorneys, and school districts.
Target Audience:This webinar will provide valuable assistance to all companies, not-for-profits, school districts, governmental agencies and pseudo governmental agencies. Those that would benefit most would be:
- Human Resource Managers / Administration
- Risk Managers
- Benefit Specialists
- Business Owners
- General Managers
- Controllers/ CFOs / Financial Managers