FMLA ADA Training Package

Why Should You Attend:

The 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 challenges and the impact on your company’s bottom line seems to increase exponentially.

This training package will help unravel this tangled web of often overlapping employee leave laws. It will help you alleviate concerns about administrative challenges, employee leave abuse and negative impact to your bottom line on one end and risk of non-compliance with FMLA, ADA and workers’ comp laws on the other end.

Areas Covered in the Training Package:

Module 1 - Untangling the FMLA, ADAAA, GINA, and Workers Compensation Laws

• The basic of workers' compensation and why it may trigger rights under the Family and Medical Leave Act.
• When is a workers' compensation injury a “serious health condition” under the Family and Medical Leave Act?
• When is a workers' compensation injury a disability under the Americans with Disabilities Act?
• When the ADAAA may require you to offer light duty as an accommodation?
• When the ADAAA may require you to extend leave requirements beyond state workers' compensation laws or beyond FMLA?
• How to get the medical information you need without violating GINA, FMLA, and the ADAAA?
• How what you say in documentation can hurt you in court – are you using the word “disability” interchangeably? Why it has different meanings depending on the law?
• When is an employee entitled to a notice under COBRA?

Module 2 - Untangling the FMLA and ADA Overlap Puzzle to Avoid Employment Litigation

• FMLA overview
• ADA overview
• How FMLA and ADA overlap
• Serious health condition and accommodation
• Which law to follow when both laws apply
• How to deal with situations where FMLA is exhausted
• Trivia questions and scenarios of confusing FMLA and ADA overlap issues

Module 3 - Life Science or Non-Life Science - Oh My! FMLA, ADA and Workers' Comp Overlap Guidance for all Employers

• 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
• Issues of particular concern to healthcare/pharma/life sciences professionals and businesses

Who Will Benefit:

This training will provide valuable assistance to all companies, not-for-profits, educational institutions, governmental agencies and pseudo governmental agencies. Those that would benefit most would be:

• Vice-Presidents
• CEOs
• COOs
• CFOs
• Managers and Supervisors
• Risk Managers
• Benefit Specialists
• Business Owners
• General Managers
• Controllers/ CFOs / Financial Managers
• Human Resource Managers / Administration
• HIPAA Officer
• Privacy Officer
• Health Information Manager
• Healthcare Counsel/Lawyer

Susan Fahey Desmond
Shareholder, Firm's Labor and Employment Practice Group

Susan Fahey Desmond is a shareholder in the New Orleans office of Jackson Lewis, a national labor and employment law firm with offices in 59 cities across the country. She has been representing management in all areas of labor and employment law for over 25 years. She is listed in Best Lawyers in America for labor and employment law and has been named by U.S. Chambers as one of America’s leading business lawyers. Ms. Desmond is a frequent speaker and author in many topics of labor and employment law.

Vanessa G Nelson
President, Expert Human Resources

Vanessa G. Nelson, MSA, SPHR, CLRL, is founder and president of award-winning Expert Human Resources. She has a unique background in business management, spanning over 29 years at two major medical centers in Michigan. Her expertise includes: HR audits, labor relations, employment laws, employee relations, workplace investigations, and policies and procedures. Ms. Nelson received her Master of Science in Administration/Human Resources Management from Central Michigan University, and a Bachelor in Business Management from Northwood University. She holds the Certified Senior Professional in Human Resources (SPHR) credential from Human Resources Certification Institute, Certified Labor Relations Leader (CLRL) from Michigan State University, and is Six Sigma White Belt certified.

Janette Levey Frisch
Employment and HR Attorney, The Emplawyerologist Firm

Janette Levey Frisch, founder of The EmpLAWyerologist Firm, is an employment/HR attorney with over 20 years’ legal experience. Ms. Frisch is a legal wellness professional for employment practices and workforce challenges. She works with employers to craft solid employment practices wellness plans tailored to address a company’s needs and concerns. Ms.Frisch offers consultations and legal services on virtually all federal and NJ and NY state employment law issues.

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