Returning an injured employee to work involves multiple legal, medical and rehabilitation issues. Not only is the Workers' Compensation Law implicated, but the Americans With Disabilities Act, Family and Medical Leave Act and the New York State Human Rights Laws as well. Learning how to be a more proactive player in the system can assist in improving employee relations and minimize contested proceedings along the way - translating into decreased legal, medical and rehabilitation costs for the employer.
This program will emphasize practical steps you can take to move your company or client through return to work issues in the most efficient, economical and intelligent manner.
- Overview of federal and state laws affecting injuries
- Employee handbooks and policies
- The reasonable accommodating process and medical exams
- Investigating disability harassment claims
- Crimes and the New York State Workers' Compensation Law
- The attendee will be able to discuss a legal overview of the workers' compensation system.
- The attendee will be able to identify appropriate modified duties for the employee.
- The attendee will be able to restate effects of new laws and their ramifications.
9:00 a.m. - 10:00 a.m.
I. Overview Of Federal And State Laws Affecting Injuries
A. Americans With Disabilities Act
B. Family And Medical Leave Act
C. New York State Workers' Compensation Law
D. New York State Labor Law
E. OSHA And Other Whistleblower Protections
10:00 a.m. - 11:00 a.m. (Break 10:30 a.m. - 10:45 a.m.)
II. Employee Handbooks And Policies
A. At-Will Employment Statement
B. EEO Policy
C. Anti-Harassment Policy
D. Reasonable Accommodation Policy
E. Workers' Compensation Policy
F. Social Security Policy
G. ADA Leave Policy
H. FMLA Leave Policy
J. Employment Poster Requirements
11:00 a.m. - 12:00 p.m.
III. The Reasonable Accommodating Process And Medical Exams
A. What Is A Disability?
B. What Is A Medical Exam?
C. Legal Questions And Inquiries
D. What Is A Reasonable Accommodation?
E. Documenting Reasonable Accommodation Requests
F. Job Accommodation Network
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 3:00 p.m.
IV. Investigating Disability Harassment Claims
A. Preparing For The Investigation
B. The Investigation Process
C. Documenting The Investigation
D. Selection Of Investigators
E. Training The Investigators
F. Documenting The Investigation
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:30 p.m.
V. Crimes And The New York State Workers' Compensation Law