The Complexity and Interplay Among ADAAA, FMLA, and Worker's Comp (WC) - How Do They Work Together, or Not?

Why Should You Attend:

There are times when the legal requirements of both FMLA and the ADAAA are similar, yet at other times one law contradicts another. We find that we can’t comply with both laws at the same time, so which one takes precedence over the other? And where does WC come in?

To complicate matters, WC is a state law, while FMLA and ADAAA are federal laws, and there are other state civil rights laws that also impact FMLA and the ADAAA. Consider that an injury under WC may also be a “serious health condition” under FMLA. State laws may differ from federal laws by covering additional health conditions, may apply to small organizations, or may cover situations in which the federal laws have no say such as domestic abuse. The HR department has the responsibility of sifting through these laws to ensure compliance with each law that provides the best benefit to employees.

This training program will explore how these laws provide entitlements to employees which means they are not considered an optional benefit. So, even if you fail to apply the law to your employee, they can claim protection anyway. For example, if you fail to provide appropriate leave under FMLA, that does not remove the employee’s right to a job-protected leave. The ultimate goal of all three laws is to assist the employee to return to work.

Areas Covered in the Webinar:

• Review the intricacies of how WC, ADAAA, and WC intersect to provide employees’ coverage under these acts

• Discuss the challenges in terminating an employee after they have expended their FMLA benefits without ignoring their rights through the ADAAA or state laws

• Identify steps to follow when an employee fails to provide the requested and required medical certification

• Explain the process in responding to an intermittent leave request that may include a potential ADAAA accommodation
• Describe essential documentation guidelines to prevent liability

• Outline best practices when conducting the legally required interactive process when determining an accommodation

• Clarify a physical or mental impairment that substantially limits one or more major life activities based on the ADAAA
• Discuss the criteria for essential job functions
• Determine if and why you need a second or third medical opinion

• Review WC/ADAAA light duty restrictions while keeping FMLA intermittent and reduced scheduled leave viable

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

Dr. Susan Strauss
Workplace and Education Harassment and Bullying Consultant, Strauss Consulting

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 a doctorate in organizational leadership, is a registered nurse with a bachelor’s degree in psychology and human services, a master’s degree in community health, and a professional certificate in training and development.

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