Navigating the Overlap between ADA, FMLA, and Workers’ Comp in 2024 - Investigating Abuse, Challenges, Benefits and Legal Requirements

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Overview:

Few employers can say they have never had challenges with leave of absence issues. The Family Medical Leave Act (FMLA) requires covered employers to allow eligible employees up to 12 weeks of unpaid job-protected leave and benefits to care for their own or a family member’s serious health condition. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) require employers to provide reasonable accommodations to qualified employees with disabilities so that they can perform the essential functions of their jobs—and a leave of absence may very well be such a reasonable accommodation.

An FMLA-eligible employee may also be protected under the ADA/ADAAA, and therefore qualify for an extended leave of absence –beyond the FMLA’s 12-week maximum. If that’s not enough when you have employees who are eligible for time off from work under workers’ compensation laws, the potential for overlap. Not to mention administrative headaches and the impact on your company’s bottom line seems to increase exponentially. In the wake of the COVID pandemic, these laws (as well as applicable state and local laws) have become an even greater presence in employers’ and leave administrators’ work lives.

What will You Learn:

  • The difference between someone with a “Serious Health Condition” under the FMLA and a “qualified individual with a disability” under the ADA/ADAAA.
  • Use of medical inquiries to determine coverage under the FMLA and the ADA/ADAAA
  • Notification requirements under FMLA and ADA/ADAAA
  • Reinstatement requirements under FMLA and ADA/ADAAA
  • Situations where the FMLA and ADA/ADAAA may Overlap
  • Intermittent Leave requests under FMLA and the ADA/ADAAA
  • Terminating an employee who has exhausted FMLA Leave time without running afoul of the ADA/ADAAA
  • Documentation and Meeting Guidelines
  • Case laws and/or Emerging Issues.
  • Best Practices

Why You Should Attend:

This webinar helps to unravel the tangled web of overlapping employee leave laws. We’ll help you alleviate concerns about administrative headaches, employee leave abuse, negative impact on your bottom line on one end, and the risk of non-compliance with FMLA, ADA, and workers comp. Also, this webinar focuses on the eligibility/coverage criteria under the FMLA and the ADA/ADA and workers comp, undue hardship,  reasonable accommodation and significance of the process of the interactive process, handling leave requesting based on ADA and FMLA, and whatnot.

Who Should Attend:

  • Human Resources Professionals
  • Compensation & Benefit Professionals
  • Compliance professionals
  • Payroll Professionals
  • Managers & Supervisors
  • All Employees & Staff
  • Executives
  • Managers and Supervisors
  • Risk Managers
  • Benefit Specialists
  • Supervisors
  • Business Owners
  • General Managers
  • HIPAA Officer
  • Privacy Officer
  • Health Information Manager
  • Healthcare Counsel/lawyer
Author Images
Janette S. Levey
The Employers Lawyer

Janette S Levey “The Employer’s Lawyer” has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.

Janette works with employers on most employment law issues, to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has served on the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence. Janette currently serves as an Advisory Board Member for Child and Family Resources of Morris County, New Jersey.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Addressing and Preventing Employee Leave Abuse, Pre-Employment Screening among many, many others.