Understanding the Overlap Between FMLA, ADA and Workers Comp

Rare is the employer who hasn’t encountered a thorny employee leave issue. Many employers assume that an employee who isn’t eligible for FMLA leave does not have job protection. But the FMLA is not the only federal law that could provide employees job-protected leave. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) require employers to provide reasonable accommodations to qualified employees with disabilities so that they can perform the essential functions of their jobs—and a leave of absence may very well be such a reasonable accommodation. Employees who sustain a work-related injury may be eligible for time off from work under workers’ compensation laws.

Often two or more of these laws may apply at the same time, or consecutively. The potential for overlap, not to mention administrative headaches and the impact on your company’s bottom line seems to increase exponentially. These three seemingly different bodies of law often intersect in a way that leaves many employers scratching their heads. Guess what. Employee Leave doesn’t have to give you headaches! In this HR metrics training, we’ll help you begin to unravel this tangled web of often overlapping employee leave laws.

Why Should You Attend

We’ll help you alleviate concerns about administrative headaches, employee leave abuse and negative impact to your bottom line on one end and risk of non-compliance with FMLA, ADA and workers comp laws on the other end.

Areas Covered in this Webinar

Use of medical inquiries to determine coverage under the FMLA and the ADA/ADAAA
Notification requirements under FMLA and ADA/ADAAA
Reinstatement requirements under FMLA and ADA/ADAAA
Situations where the FMLA and ADA/ADAAA may overlap
Intermittent leave requests under FMLA and the ADA/ADAAA
Terminating an employee who has exhausted FMLA leave time without running afoul of the ADA/ADAAA
Issues of particular concern to health care/pharma/life sciences professionals and businesses and more!

Learning Objectives

The difference between someone with a “serious health condition” under the FMLA and a “qualified individual with a disability” under the ADA/ADAAA.
Documentation and meeting guidelines
Case laws and/or emerging issues.
Best Practices

Who Will Benefit

Leave Administrators
Benefits Administrators
H.R. Managers
H.R. Directors
CEO’s
Business Owners
Senior Managers
Middle and front-line managers

Speaker and Presenter Information

Janette Levey Frisch, Founder of The EmpLAWyerologist Firm, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.

Janette and The EmpLAWyerologist Firm operate under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits.

Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs.

Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette is a member of the Workplace Violence Prevention Institute.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others.