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How to Navigate and Manage Employee Leave Issues under the FMLA, ADA and Workers' Comp Laws  

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Seminar Summary:

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. (see full course description)

 
 

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Training Course Syllabus:


How to Navigate and Manage Employee Leave Issues under the FMLA, ADA and Workers' Comp Laws

Course Description

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
ADA/ADAAA/Workers’ Comp/Section 503
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
Leave Management/Administration/Abuse Prevention
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

DAY 01(8:30 AM - 4:30 PM)

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
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;
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)
Retaliation/Interference/Discrimination
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?
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

DAY 02(8:30 AM - 4:00 PM)

09:30 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
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
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

Seminar Summary:

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. (see full course description)

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