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Business Owners, COO's, CFO's Managers, Directors, HR Representatives, HR Generalists, Managers, Supervisors
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Seminar Summary:

This 3-day seminar discusses and explains major provisions of FMLA and ADA and provides an outline for untangling the multitude of obligations employers face under the two laws, as well as integration with other leave laws. (see full course description)

 
 
 

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Training Course Syllabus:


FMLA and ADA Compliance Certificate Program: 3-Day In-Person Seminar By: Cathleen M. Hampton, Human Resource Compliance & Risk Management Consultant

Course Description:

Is your company at risk for non-compliance of FMLA and/or ADA? Is your company a lawsuit waiting to happen?

This 3-day seminar discusses and explains major provisions of FMLA and ADA and provides an outline for untangling the multitude of obligations employers face under the two laws, as well as integration with other leave laws.

Most employers assume that if they give an employee 12 weeks of leave to comply with the FMLA, their obligation to this employee is finished. However, if the employee also is disabled, the employer’s duty under the ADA may be just beginning. The key to untangling ADA and FMLA is to understand the obligations under each statute. Therefore, it is crucial for employers to have at least a basic knowledge of the laws to apply them correctly and avoid litigation.

A very commonly asked question is “how do I make sure I comply with the provisions of FMLA and the ADA?” Or, “what are FMLA and the ADA companion laws that must be considered when someone has a serious health issue?”

These are excellent questions, and ones that every manager and HR professional better be asking themselves if they wish to stay out of trouble. It is one thing to understand the requirements of both pieces of social legislation, it is quite different to apply them. This comprehensive, three-day program includes information packed sessions that provide complete coverage of all aspects of the federally-required FMLA and ADA compliance and best practices. You will learn the practical strategies and procedural recommendations that will enable you to tackle the challenging FMLA and ADA issues you confront every day.


Why you should Attend:

When employers are not properly prepared for FMLA and ADA issues, companies could face discrimination suits, litigation, settlements, lawyer fees, unplanned expenses, employee turnover, morale issues, and possible negative community image. This FMLA and ADA program can assist companies in maintaining employment law compliance.

Topic Background:

Ask a group of HR professionals to list the toughest aspects of implementing the Family and Medical Leave Act (FMLA), and most will agree that coordinating the law with the Americans with Disabilities Act (ADA) is one of their top challenges. The confusion created by the overlap of the FMLA and the ADA is yet another example of good intentions "gone awry." Congress passed these two laws without considering how they would interact, and the regulatory agencies contributed further to the uncertainty by providing only minimal guidance. As a result, most employers must devise their own rules for applying the sometimes conflicting laws to an employee’s leave of absence. To help fill in the gaps, this interactive seminar analyzes the FMLA and ADA statutes, regulations, and guidance to answer the most frequently asked questions about these laws. (Many complicated issues also arise concerning the interaction of workers’ compensation and FMLA leave.)

Employers deal with multiple obligations under federal, and state laws when employees take time off for illnesses and injuries. Many illnesses and injuries are FMLA serious health conditions as well as covered under the American’s with Disabilities Act. The same employee illness or injury that is a “serious health condition” may also constitute a “disability” and bring with it another obligation under the ADA.

Course Outline:

Day 1 (8:30 AM – 4:30 PM)

Family and Medical Leave Act (FMLA)

8:30 AM - Registration

9:00 AM - Session Start Time

9:30 AM – FMLA Overview:

Key terms and definitions

Who is covered

Which employees are entitled to FMLA

Eligible reasons for leave

Definition of “serious health condition”

Determining health care providers

Calculating leave entitlement Determining appropriate “leave year” to implement

Special rules for school employees

Employer posting requirements

Employee notice(s) and medical certifications and recertifications

When to Deny an FMLA Request Creating and/or updating the employee leave policy

10:30 AM – Intermittent and Reduced Schedule Leave

11:00 AM – Exempt Employees and FMLA Leave

11:30 AM – Employee Benefits while on leave Recovering benefit costs incurred during FMLA leave

Benefits restoration upon return to work

12:00 PM – Lunch

1:00 PM – Communicating with employees who are off work

1:30 PM – Tracking Leave and Ending Leave

1:45 PM – Employee Return to work After FMLA Leave

Fitness for Duty and Return to Work Options

Job Restoration

When to Transfer an Employee Covered under FMLA

Reductions in Force (RIFs) Involving Protected Employees

2:15 PM – FMLA Fraud and Abuse

Definition of Fraud

Patterns of Abuse

Dealing with FMLA Abusers

Investigating FMLA Abuse

How to Terminate an Employee Covered Under FMLA

2:45 PM – Documentation Strategies that Protect Your Organization

3:30 PM – Group Role Play and Case Studies

4:30 PM – End of Day 1

Day 2 (8:30 AM – 4:30 PM)

Americans with Disabilities Act (ADA)

8:30 AM – ADA Overview

Key Terms and Definitions

Laws protecting disabled individuals from Discrimination

Who is Covered and Why

Employment Practices Prohibited by ADA

Employer Posting Requirements

Determining what is a substantial limitation to a major life activity

Trivia

10:00 AM – Identifying essential job functions and qualified individuals

10:30 AM – Engaging in the Interactive Process

11:00 AM – Reasonable Accommodations and Undue Hardships

11:30 AM – Analyzing Reasonable Accommodation Requests

12:00 PM – Lunch

1:00 PM – Job Restructuring and/or Additional Training and Modifications

1:30 PM – Responding When An Individual Refuses an Offered Accommodation

2:00 PM – Medical Exams

2:15 PM – Confidentiality of Medical Information and Accommodations

2:30 PM – Light and Modified Duty

3:00 PM – Collective Bargaining Agreements

3:30 PM – Group Role-Play and Interactive Exercises

4:30 PM – End of Day 2

Day 3 (8:30 AM – 3:30 PM)

ADA and FMLA Best Practices, Plus Compliance with Other Leave Laws and Integration With Other Laws

8:30 AM – Workers Comp Compliance with FMLA and ADA

9:30 AM – State Family Leave and Paid Family Leave Laws, State Laws for Jury Duty, Voting, Bereavement, School Activities, Vacation, Military Leave, and More

10:00 AM – Pregnancy Leave and Accommodation

10:30 AM - Managing the interplay between leave requirements under ADA and FMLA and Distinguishing between FMLA “serious health condition” and ADA “disability”

11:30 AM – Options for Replacing Positions While Employee is Out

12:00 PM – Lunch

1:00 PM – Handling Workers Compensation Claims that Have ADA and FMLA Ramifications and When Employers Are Allowed to Run Leave Times Concurrently under FMLA and Workers Compensation

1:30 PM – Strategies for Reduction of Absenteeism and Impacts to Productivity

2:00 PM – Group Role-Play and Interactive Exercises

3:30 PM – End of Day 3

Seminar Summary:

This 3-day seminar discusses and explains major provisions of FMLA and ADA and provides an outline for untangling the multitude of obligations employers face under the two laws, as well as integration with other leave laws. (see full course description)

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