The Interplay of ADA, FMLA, and Workers' Compensation Laws
Gain a comprehensive understanding of the interrelationships between the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers' Compensation laws. This trio of regulations has been dubbed the 'Bermuda Triangle of Employment Law,' and it is crucial for employers to navigate its complexities with precision.The ADA safeguards qualified individuals with disabilities from discrimination during the application and employment process. In parallel, the FMLA establishes essential leave standards for employees, encompassing situations such as childbirth, newborn care, adoption or foster care placement, caring for family members with serious health conditions, and managing one's own serious health conditions.
Simultaneously, Workers' Compensation laws ensure compensation and rehabilitation for workplace injuries while minimizing employer liability. While each law has distinct objectives and employee protections, their convergence can lead to confusion if not handled correctly.
Absenteeism, both scheduled and unscheduled, predominantly stems from employee and family member illnesses. In such cases, one, two, or all three of these laws may come into play. Violations can result in severe consequences, including lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages.
Beyond legal obligations, employers also bear moral and ethical responsibilities to ensure employees receive the benefits and protections conferred by these laws.
Why Should You Attend:
Participating in this webinar is vital for employers seeking to comprehend the intricate interplay between the ADA, FMLA, and Workers' Compensation laws. By gaining clarity on each law's purpose and their synergies, you can develop effective company policies and communicate them proficiently to employees.Avoid potential pitfalls and noncompliance by equipping yourself with the knowledge and insights required to navigate the complexities of these intertwined regulations. Safeguard your organization's legal standing, fulfill ethical obligations, and provide employees with the benefits and protections they deserve.
Join this webinar to unlock the full potential of ADA, FMLA, and Workers' Compensation laws, transforming their complexities into manageable compliance strategies.
Agenda
PART 1:- 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
Speaker
Diane L. Dee, President of Advantage HR Consulting, LLC has over 25 years of experience in the Human Resources arena. Diane’s background includes experience in Human Resources consulting and administration in corporate, government, consulting and pro bono environments. Diane founded Advantage HR Consulting, LLC in early 2016. Under Diane’s leadership, Advantage HR provides comprehensive, cost-effective Human Resources solutions for small to mid-sized firms in the greater Chicagoland area. Additionally, Diane conducts webinars on a wide-variety of HR topics for various compliance training firms across the country.Diane holds a Master Certificate in Human Resources from Cornell University’s School of Industrial and Labor Relations and has attained SPHR, SHRM-SCP, sHRBP and HRPM® certification. Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.