Topic Background : 
 

The interaction between the FMLA, ADA, and workers' compensation (WC) laws, long known as the Bermuda Triangle of employment law is a corny, although aptly earned nickname. Other times interplay just between the FLMA and ADA is precarious enough in itself. Many an employer has wrecked its HR department for failing to realize that employment laws especially leave laws are not one-dimensional. In the case of FMLA, ADA and WC, sometimes an employee’s situation or request requires only the application of one law, but not often. There is rarely a straight line from A to B. A situation may even start out as a seemingly cut and dried, relatively simple matter but along the way becomes increasingly complicated as other factors emerge or change.

Muddying the waters further still is that each state administers its own workers compensation program. For employers located in more than one state, it becomes especially tricky, as there are multiple workers’ compensation laws to consider.  

 

In fact, there are many states with leave laws that may provide employees more advantageous leave than the FMLA. Other states, even cities or counties may have particular leave requirements. Some states have disability protection laws that provide more protection and require further efforts of employers than does the ADA. To conflict with these laws can cost employers big time.

 

Employers must have a process for handling these increasingly entangled situations to make logical decisions or else risk sinking their HR ship on the rocks of the HR Bermuda Triangle.

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Why should you attend : 

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• An employee shows up on Monday with an occupational injury claimed as incurred the previous Friday.

• An employee with a mental impairment demands an accommodation that her health care provider has specifically stated is not needed.  

• An employee shows up with a note for a specific accommodation that violates an industry regulation.

• An employee with an occupational injury is released to return to work but requests additional leave via FMLA.

• An employee who is on FMLA, requests an “extension” of FMLA.

• A new employee requests leave as an accommodation under ADA but has not worked long enough to earn any company leave or qualify for FMLA.

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Areas Covered in the Webinar :

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• FMLA and its interaction with ADA

• The basic of Workers Compensation

• How to determine which law applies first.

• How company policies and benefits can change matters.

• What is an interactive process?

• What is expected of an employer in an interactive process.

• How time off features in an interactive process.

• Pros and Cons of offering light duty work. Dos and Don’ts if you do.

• How to handle temporary transfers and light duty assignments.

• How to handle reinstatement rights.

• What to do if you think the employee poses a substantial risk to him/herself or others. 

• Handling employee complaints of mistreatment, including retaliation and interference. 

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Who will benefit:
Location Managers, Division Supervisors, Supervisors, Human Resources, Safety 

Presenter : Teri Morning

Note : Recorded access is available for this topic. If you are interested, write to us at contactus@compliancefeed.com