Few issues are as challenging for employers as dealing with injured or ill employees, and employees who may require leaves of absence. A number of federal and state laws may come into play, including the Americans with Disabilities Act, the Family and Medical Leave Act and state Workers' Compensation laws.
To avoid legal liability, it is important for all employers to understand each of these laws. It is equally important to understand how these various laws interrelate as to particular situations. The goal of this program is not simply to explain the individual laws involved. Rather, it is to have participants leave with a practical understanding of how the requirements of these laws can and must be harmonized in dealing with a variety of workplace scenarios.
9:00 a.m. - 9:15 a.m.
A. Leave Laws That Will Be Covered In The Seminar
B. Employee Attitudes And Knowledge About Leave Laws
C. How To Work With The Employee So That The Legally Mandated Leave Laws Do Not Impact On The Company's Ability To Function
9:15 a.m. - 10:45 a.m.
A. Employer Coverage
B. Employee Eligibility
C. Circumstances Requiring FMLA Leave
D. Serious Health Condition
E. Employee's Advance Notice Requirements
F. Employer's Notice Requirements
G. Designation Of FMLA Leave
H. Medical Certification
I. Fitness For Duty Certificates
J. Calculation Of 12-Week Entitlement
K. Substitution Of Paid Leave
L. Reinstatement Rights
M. Employment Benefits During FMLA Leave
N. Intermittent And Reduced Schedule Leaves
O. Relationship With Other Laws
P. Posting Requirements And Written Notices To Employees
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 12:00 p.m.
III. Workers' Compensation
A. Who Is Covered?
B. What Are The Responsibilities And Obligations Of The Employer And The Employee?
C. Disability Discrimination Under Workers' Compensation Law §§ 120 And 241
D. Case Law Developments
E. Resolving Cases of Protracted Leaves
F. Avoiding Common Pitfalls
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 3:00 p.m.
IV. The Americans With Disabilities
Act ('ADA') And The New York
Human Rights Law ('NYHRL')
A. Who Is Covered?
B. Avoiding 'Perceived' and 'Regarded As' Issues
C. What Is Reasonable Accommodation?
D. Dealing With Requests For Reasonable Accommodation
E. Successfully Navigating Through The Interactive Process
F. What Are The Responsibilities And Obligations Of The Employer And The Employee?
G. Avoiding Common Mistakes
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:00 p.m.
V. How To Simultaneously Comply
With The ADA, NYHRL, FMLA
And Workers' Compensation
A. A 3-Step Approach To Following Your Legal Obligations When Statutory Obligations Conflict
B. Areas Of Interplay
2. Scope Of Employer's Obligations
3. Employer Notice Requirements
4. Employee Notice Requirements
5. Fringe Benefits
6. Length Of Leave
7. Return To Work
4:00 p.m. - 4:30 p.m.
VI. Case Studies Of Workplace Issues
Involving Sick, Injured And
A. Interaction Of The FMLA, ADA, NYHRL, And Workers' Compensation Law
B. Managing The Employee Who Can't Or Won't Work (Strategies For Dealing With Chronic Medical Absenteeism)