How Do They Work Together-Or Not? The Complexity & Interplay among the ADAAA, FMLA, and Worker's Comp (WC)

Duration: 90 Minutes
The webinar addresses laws that HR is responsible for upholding. When the laws are not followed, it increases the liability for the organization and interferes with a fair and equitable work environment for employees. The interplay among Workers' Comp, ADA, and FMLA is confusing to many HR professionals; this webinar will help decipher the complexities.
ADAAA, FMLA, and Worker’s Comp
Instructor: Dr. Susan Strauss
Product ID: 501755
Objectives of the Presentation
  • To review the intricacies of how WC, ADAAA, and WC intersect to provide employees' coverage under these acts
  • To discuss the challenges in terminating an employee after they have expended their FMLA benefits without ignoring their rights through the ADAAA or state laws
  • To identify steps to follow when an employee fails to provide the requested and required medical certification
  • To explain the process in responding to an intermittent leave request that may include a potential ADAAA accommodation
  • To describe essential documentation guidelines to prevent liability
  • To outline best practices when conducting the legally required interactive process when determining an accommodation
  • To clarify a physical or mental impairment that substantially limits one or more major life activities based on the ADAAA
  • To discuss the criteria for essential job functions
  • To determine if and why you need a second or third medical opinion
  • To judge WC/ADAAA light duty restrictions while keeping FMLA intermittent and reduced scheduled leave viable
Why Should you Attend
Challenges - It is confusing isn't it? How are we supposed to keep it all straight when there are times when the legal requirements of both Family Medical Leave Act (FMLA) and the American Disabilities Act Amendment Act (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 even more, 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. As HR, we have the responsibility of sifting through these laws to ensure that we comply with each law that provides the best benefit to our employees. These laws provide entitlements to our 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.

Financial - Costs related to absenteeism, turnover, and liability based on civil rights laws, costs related to investigations

Who will Benefit
This webinar is for all industries so identifying specific job titles is not realistic. That said; the following general job titles should attend:
  • VP of HR
  • All HR directors, managers, and generalists
  • Supervisors
  • Managers
  • Director of Risk Management
Topic Background
Ensuring compliance with FMLA can be frustrating for many HR professionals who are uncomfortable with the Act. This leads to litigation. Then, to add the ADAAA legal requirements adds to the confusion which can also lead to discrimination under civil rights law. Sometimes sprinkled in with FMLA and the ADAAA is WC - the nexus among the three legal requirements, especially as it relates to leave, medical certification, and getting the employee back to work as quickly as possible, can be daunting. This webinar will separate the three laws and examine how each law applies to work situations.
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How it works
Live Session - How it works
  • Login to onlinecompliancepanel with your registered username and password https://www.onlinecompliancepanel.com/login
  • The webinar joining link, username and password for joining the webinar will be updated on your OCP Account 24 hours prior to the webinar
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  • Login to the audio conference on the scheduled date and time
  • Get answers to your queries through interactive Q&A sessions via chat at the end of the session
  • Download the Certificate of Attendance and Purchase Invoice from your OCP Account 24 hours after the completion of the session
  • Please let us know your thoughts and views at the end of the webinar, your valuable feedback will help us improve
Recorded Session - How it works
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  • Upon purchase of the recorded session a link will be updated on your OCP Account within 24 hours
  • Please click on the link to access the Recorded Session
  • Presentation handouts in downloadable PDF format will be updated on your OCP Account within 24 hours of the purchase of the product
  • Download the Certificate of Attendance and Purchase Invoice from your OCP Account after 48 hours of the product Purchase
  • Please share your valuable Feedback at the end of the session
Instructor Profile:
Dr. Susan Strauss is a national and international speaker, trainer, consultant and a recognized expert investigator on workplace and school harassment and bullying. She conducts harassment and bullying investigations and functions as an expert witness in harassment and bullying lawsuits. Her clients are from business, education, healthcare, law, and government organizations from both the public and private sector.

Dr. Strauss also provides organizational, management, and employee development by conducting training, coaching, and facilitating workshops. She has been the Director of Training and Development and consults with a variety of organizations and industries, both large and small. Susan has also been the director of Wellness and has consulted with organizations to help them design, develop, implement and evaluate their Wellness programs.

Susan has a doctorate in organizational leadership. She is a registered nurse, has a bachelor’s degree in psychology and counseling, a master’s degree in community health, and professional certificate in training and development. She has been involved in the harassment and bullying arena since 1985.
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