Genetic Information Nondiscrimination Act and HealthInsurance Portability Act Basics
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Description:
Managing employee leaves are the most complicated aspect of a human resource professional’s job. In addition to applying an employer’s own leave policies, employers must work through the maze of various laws impacting employee rights during these leaves - laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, workers’ compensation laws, the Genetic Information Nondiscrimination Act to name a few. Each individual law is complicated in and of itself; however, the various twists and turns that come about when these laws come together can be mind boggling. How do you untangle this maze?
Course Objective:
To understand the basics of individual leave laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, the Genetic Information Nondiscrimination Act, workers’ compensation and other laws that impact your obligations to employees needing leave. To understand when an employee is entitled to leave and what rights and protections they have while on leave. Working through the maze of how these laws interact and ensuring compliance with each as you manage your employee leaves of absence.
Areas Covered:
- Family and Medical Leave Act Basics
- Covered Employers and Employees
- Employee Leave Entitlements
- What is a “serious health condition”
- Your right to obtain medical certifications
- Difference between Interference and Retaliation Claims
- Employee’s Rights to Continued Health Insurance
Americans with Disabilities Amendments Act Basics
- Who are the disabled?
- What is a physical or mental impairment?
- What are major life activities?
- What do we mean by substantial limitation?
- Impact of mitigating measures
- Leave of Absence as a Reasonable Accommodation
- EstablishingUndue Hardship
- Requests for IndefiniteLeaves of Absences
- Telecommuting and reasonable Accommodation Requests
Workers’ Compensation Basics
- Meaning of “course and scope” of employment
- Employee wage replacement rights
- Retaliationclaims under workers’ compensation laws
Genetic Information Nondiscrimination Act and Health Insurance Portability Act Basics
- Covered employers
- What do we mean by “genetic information”?
- GINA prohibitions
- Meaning of “inadvertent” disclosures under GINA
- Other laws such as the Pregnancy Discrimination Act
- Legal obligations under the PDA
- What do we mean by discrimination due to “pregnancy and related medical conditions”
- Using the disparate treatment theory to support a PDA claim
- Using the disparate impact theory to support a PDA claim
- Young v. UPS: Where are we now?
Untangling the Web
- Difference between Serious Health Condition andDisability
- Why you must always consider FMLA and ADA when an employee has a workers’ compensation lost time injury
- Lifting restrictions and the ADA
- Running paid leave concurrently with FMLA legally
- When can pregnancy complications be considered a disability under the ADA?
- Avoiding GINA and HIPAA problems when getting medical information you need to determine employee leave eligibility
- When can you terminate an employee for failure to return from leave?
- When is COBRA triggered in the leave process?
Speakers
Susan Fahey Desmond,
Partner ,
Jackson LewisSusan, is a partner in the New Orleans office of Jackson Lewis, a national labor and employment law firm with offices in 48 cities across the country. She has been representing management in all areas of labor and employment law for over 25 years. She is listed in Best Lawyers in America for labor and employment law and has been named by U.S. Chambers as one of America’s leading business lawyers.
Who Should Attend
Who will Benefit:
- CFOs
- Employers and Business owners
- Human Resources Specialists and managers
- Benefits specialists
Industries who can attend:
To understand the basics of individual leave laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, the Genetic Information Nondiscrimination Act, workers’ compensation and other laws that impact your obligations to employees needing leave. To understand when an employee is entitled to leave and what rights and protections they have while on leave. Working through the maze of how these laws interact and ensuring compliance with each as you manage your employee leaves of absence.
