Blurred Lines: The Intersection of the ADA, FMLA and Workers’ Compensation

Duration: 90 minutes

Understanding the nuances of the FMLA, ADA and Workers Compensation benefits is difficult enough when you examine each individually. But not all employee special needs fit nicely into one of the three. In fact, workers may be eligible for special protections under all three of the laws-- plus some state and local protections too.

Get one tiny thing wrong – deny an intermittent FMLA request that could qualify as an ADA accommodation, for instance, and you may find yourself in hot water.  (more details below)


WHY ATTEND

Intermittent leave isn’t the only complication--- FMLA requires continuation of benefits, but a reduced schedule as an ADA accommodation may allow for benefits to be decreased. An employer’s duty to restore the same or equivalent job under FMLA is completely different than your responsibility for a worker returning from Workers Comp.

The list goes on and on. There are countless examples of ways paying attention to only FMLA or only ADA requirements without consideration of the other can bring costly litigation on your company and yourself.

That’s why we’ve arranged this must-attend webinar with our employment law presenter, Anniken Davenport. She will discuss what every manager and HR professional needs to know about dealing with employees who may be entitled to FMLA leave, reasonable accommodations or workers compensation benefits (or all of the above!)

LEARNING OBJECTIVES

Participants will learn:

  • How to examine and evaluate each situation under the scope of FMLA, ADA, Pregnancy Discrimination Act (PDA), workers comp and local laws.
  • Why determining that an employee’s request falls only under FMLA and failing reexamining the situation as it changes is a big mistake. Huge. 
  • How to comply with a crop of new guidelines for accommodating pregnant workers under the FMLA and the ADA and light duty assignments in general.
  • What you need to know about an increase in Genetic Information Nondiscrimination Act (GINA) enforcement by the EEOC and how it intersects with the ADA.
  • Some of the many situations that require allowances for frequent breaks, including new mothers, diabetic employees, etc. 
  • Why a rule that provides for automatic termination for those who have used up available FMLA and other leave may be an automatic ADA violation.
  • Why just about any minor living with your employee qualifies the employee for FMLA leave to care for the child regardless of blood or marriage.
  • Why refusing to hire an applicant with a history of workplace injuries violates state workers’ compensation laws and the ADA.

The bottom line: If this program helps you avoid even a single employment law misstep in the coming year, your investment of time and money will be repaid many times over.

ABOUT THE SPEAKER

Anniken Davenport has taught business law and HR management at Penn State University and directed the Legal Studies Program at Wilson College. She has represented the Commonwealth of Pennsylvania in discrimination and employment law cases and school districts in labor negotiations. Anniken holds an MA in writing from Johns Hopkins and a JD from Penn State.

CERTIFICATION

This program has been approved for 1.5 recertification credit hour(s) through the HR Certification Institute (HRCI) & Society for Human Resource Management (SHRM).

What You Get With Each Option

Live Recording

Live Only

Participation in the live upcoming webinar

Recording

Recording Only

Full MP4 recording of webinar, including Q&A. Choose digital download or CD-ROM by mail.

Live and Recording

Live + Recording

Participation in the live webinar + Full MP4 Recording. For recording, choose digital download or CD-ROM by mail.

Event Package

Event Value Pack

Participation in the live webinar + Full MP4 Recording + Audio-only MP3 recording. For recordings, choose digital download or CD-ROM by mail.

What You Get With Each Option close

Live Recording

Live Only

Participation in the live upcoming webinar

Recording

Recording Only

Full MP4 recording of webinar, including Q&A. Choose digital download or CD-ROM by mail.

Live and Recording

Live + Recording

Participation in the live webinar + Full MP4 Recording. For recording, choose digital download or CD-ROM by mail.

Event Package

Event Value Pack

Participation in the live webinar + Full MP4 Recording + Audio-only MP3 recording. For recordings, choose digital download or CD-ROM by mail.

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