Available for on-site presentation only at this time.
Dealing with employee leaves of absence, return to work, and light/modified duty is one of the most complex human resource issues facing employers. While most employers are generally aware of federal requirements for leave under the Family and Medical Leave Act, not all are aware of the potential obligation to grant medical leave under the Americans with Disabilities Act.
State intentional tort law, workers' compensation law, the Internal Revenue Code and ERISA also contain a number of provisions that should be considered by the prudent employer when contemplating employee leaves of absence, return to work, and light or modified duty. This seminar will provide employers with a comprehensive approach to addressing these difficult issues.
- The attendee will be able to discuss an overview of the FMLA.
- The attendee will be able to identify return to work issues.
- The attendee will be able to review HIPAA and privacy of employee medical records.
9:00 a.m. - 9:45 a.m.
I. Overview Of Available Leaves And
Limits On Working
C. Workers' Compensation
D. Light Duty/Modified Work Assignments
E. Uniformed Services Employment And
Reemployment Rights Act
II. Overview Of The FMLA
B. What The FMLA Provides
C. Types Of Leave
III. Treatment Of Compensation And
B. Use Of Accrued Paid Leave
C. Health Insurance Coverage Continuation
D. Other Benefits
9:45 a.m. - 10:30 a.m.
IV. Information And Notice Requirements
A. General Employer Notice Requirements
B. Employer Notice Requirements At Time Of Leave Request
C. Employee Notice Requirements
D. Other Notice Requirements
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:15 a.m.
V. Medical Certifications And Serious
A. Limits On Information Obtained During Certification Process
B. Serious Health Conditions
D. Second And Third Opinions
E. Fitness For Duty Reports
VI. Termination Employees While On FMLA
A. Reductions In Force
11:15 a.m. - 12:00 p.m.
VII. Return To Work Issues
A. Reinstatement To The Same Or Equivalent Position
B. Exceptions To The Requirement To Reinstate – Key Employees
C. Release To Return To Work
D. Recouping Benefits Premiums
VIII. Employee Enforcement Of Their Rights
A. Department Of Labor
B. Judicial Enforcement
D. Recordkeeping Requirements
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:15 p.m.
IX. Leaves Of Absence Under The
Uniformed Services Employment And
Reemployment Rights Act
C. Continuation Of Health Insurance Benefits
D. Reemployment Rights
E. Pension And Other Benefits
1:15 p.m. - 2:45 p.m
X. Obligation To Provide Leave Under The
A. Employee Qualifications
B. Leave As An Accommodation
C. Light Duty And Return To Work Issues Under The ADA
XI. Intentional Tort Concerns When
Employees Return To Modified Or Light
A. Intentional Workplace Tort
B. Employer Responsibility For Employees With Restricted Duty
C. Dodging The Intentional Tort Bullet
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
XII. Workers' Compensation Considerations
For Leave, Return To Work And Light
A. Transitional Duty
3:30 p.m. - 4:30 p.m.
XIII. Employee Benefits And Return To Work
Issue Under ERISA And The IRS Code
XIV. HIPAA And Privacy Of Employee
XV. Questions And Hypotheticals