HR teams must uphold the ADAAA, FMLA and workers' compensation laws at the same time, and the interplay between them is rarely simple. When these laws are not followed, the organization's liability rises and the workplace becomes less fair for employees.
This two-hour training explains where the laws line up, where they conflict, and which takes precedence. Workers' comp is a state law while the FMLA and ADAAA are federal, and state civil rights laws add another layer. An on-the-job injury under workers' comp may also be a serious health condition under the FMLA, and state laws may cover more conditions, smaller employers or situations such as domestic abuse.
You'll work through medical certification, intermittent leave, accommodation, light duty and terminations after FMLA leave runs out.
WHY SHOULD YOU ATTEND?
These laws create employee entitlements, not optional benefits. If you fail to apply them, employees can still claim their protection; failing to grant FMLA leave does not remove the right to job-protected leave. All three laws share the goal of helping the employee return to work.
This session suits HR leaders and practitioners, leave and benefits administrators, managers, business owners, privacy officers and healthcare counsel.
AREA COVERED
- How workers' comp, the ADAAA and the FMLA intersect to cover employees
- Terminating an employee after FMLA leave is used up without ignoring ADAAA or state law rights
- Steps when an employee fails to provide required medical certification
- Responding to an intermittent leave request that may involve an ADAAA accommodation
- Documentation guidelines that prevent liability
- Best practices for the legally required interactive process
- What counts as a physical or mental impairment that substantially limits a major life activity under the ADAAA
- Criteria for essential job functions
- When and why to seek a second or third medical opinion
- Workers' comp and ADAAA light duty restrictions alongside FMLA intermittent and reduced schedule leave
LEARNING OBJECTIVES
- Explain how the ADAAA, FMLA and workers' comp overlap and which law takes precedence
- Handle terminations after FMLA leave ends while respecting ADAAA and state law rights
- Respond correctly to missing medical certification and intermittent leave requests
- Conduct the interactive process and document it to prevent liability
- Determine substantial limitation of a major life activity and essential job functions
- Decide when a second or third medical opinion is needed
- Manage light duty restrictions while keeping FMLA intermittent leave available
WHO WILL BENEFIT?
- CEOs, COOs, CFOs
- Human Resources Directors, Managers and Specialists
- HR Executives
- Managers and Supervisors
- Benefit Specialists
- Business Owners
- General Managers
- Human Resource Managers / Administration
- Privacy Officers
- Health Information Managers
- Healthcare Counsel/Lawyers
- Office Managers
- HR Practitioners
- Leave Administrators
- Benefits Administrators
These laws create employee entitlements, not optional benefits. If you fail to apply them, employees can still claim their protection; failing to grant FMLA leave does not remove the right to job-protected leave. All three laws share the goal of helping the employee return to work.
This session suits HR leaders and practitioners, leave and benefits administrators, managers, business owners, privacy officers and healthcare counsel.
- How workers' comp, the ADAAA and the FMLA intersect to cover employees
- Terminating an employee after FMLA leave is used up without ignoring ADAAA or state law rights
- Steps when an employee fails to provide required medical certification
- Responding to an intermittent leave request that may involve an ADAAA accommodation
- Documentation guidelines that prevent liability
- Best practices for the legally required interactive process
- What counts as a physical or mental impairment that substantially limits a major life activity under the ADAAA
- Criteria for essential job functions
- When and why to seek a second or third medical opinion
- Workers' comp and ADAAA light duty restrictions alongside FMLA intermittent and reduced schedule leave
- Explain how the ADAAA, FMLA and workers' comp overlap and which law takes precedence
- Handle terminations after FMLA leave ends while respecting ADAAA and state law rights
- Respond correctly to missing medical certification and intermittent leave requests
- Conduct the interactive process and document it to prevent liability
- Determine substantial limitation of a major life activity and essential job functions
- Decide when a second or third medical opinion is needed
- Manage light duty restrictions while keeping FMLA intermittent leave available
- CEOs, COOs, CFOs
- Human Resources Directors, Managers and Specialists
- HR Executives
- Managers and Supervisors
- Benefit Specialists
- Business Owners
- General Managers
- Human Resource Managers / Administration
- Privacy Officers
- Health Information Managers
- Healthcare Counsel/Lawyers
- Office Managers
- HR Practitioners
- Leave Administrators
- Benefits Administrators
Speaker Profile
Dr. Susan Strauss
Dr. Susan Strauss is a national and international speaker, trainer and consultant. Her specialty areas include management/leadership development, organization development, communication, and harassment and bullying. She is an expert witness for discrimination and harassment lawsuits. She trains and consults with business, education, healthcare, law, and government organizations from both the public and private sector. Dr. Strauss has authored over 30 book chapters, books, and articles in professional journals. She has been featured on 20/20, CBS Evening News, and other television and radio programs as well as interviewed for newspaper and journal articles. She has her doctorate in organizational leadership, is …
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