Legal compliance can get confusing when some legal regulations
seemingly overlap or even seem almost contradictory to implement. This
is the case when the Americans with Disabilities Act (ADA), the Family
and Medical Leave Act (FMLA), and Workers’ Compensation intersect.
intersecting of these three laws is complicated and open to problems if
not handled correctly. ADA, FMLA and Workers Compensation have
different goals and protections for employees, yet all three have
provisions that may require an employer to give job-protected time off
when the right circumstances are met.
It's essential for employers to understand Federal and State laws with respect to these three laws in order to be compliant.
majority of unscheduled and scheduled absences are related to the
illness of employees or their family members. Under those circumstances,
one, both, or all three of these laws may be involved. Violations of
these laws may result in lost wages, back pay, reinstatement,
retroactive benefits, compensatory damages, and punitive damages.
addition to employers legal responsibilities, employers also have moral
and ethical responsibilities to ensure employees receive the benefits
and protections these laws provide.
Why you should attend
The interplay of the Americans with Disabilities Act (ADA), the
Family and Medical Leave Act (FMLA), and Workers Compensation laws has
been referred to as the "Bermuda Triangle of employment law." It's
imperative for employers to recognize and understand the interplay of
the ADA, FMLA and Workers Compensation laws. Employers have legal
responsibilities to comply with these laws or face significant
violations for noncompliance. Employers have ethical and moral
responsibilities to ensure employees receive the benefits and
protections these laws provide.
Each of these three laws have
different purposes. The ADA prohibits discrimination. The FMLA sets
minimum leave standards. Workers compensation laws provide for payment
of compensation and rehabilitation for workplace injuries and minimize
Participating in this webinar will provide
participants with a clear understanding of each of these laws and how
they interact with each other, incorporating that information into
company policies, and the ability to communicate those policies to
Who Will Benefit
- Senior Leadership
- Human Resources Professionals
- Compliance Professionals
- Payroll Professionals
- Operations Professionals
- Managers & Professionals
- Purposes of the ADA, the FMLA, and Workers Compensation Laws
- Understanding the provisions of ADA, FMLA and Workers Compensation law
- Employer Coverage
- Employee Eligibility
- Length of Leave
- Medical Documentation that may be requested
- Restricted/Light Duty
- Fitness-to-Return certification
- Employee benefits while on leave
- Job reinstatement
- Recognizing and analyzing the interplay of the ADA, FMLA and Workers Compensation law: What's the risk for employers?
- Impact of State-enacted FMLA laws
- Enforcement authorities for each of the three laws
- Running afoul of the Equal Employment Opportunity Commission (EEOC)
- Situations in which employees have a sense of unfair treatment
- The areas of interplay to consider when managing employee absenteeism
- Tactics to keep employers compliant
- Determining employers responsibilities regarding medical and disability-related leave requests
- Considering medical leave requests through the lens of the FMLA, ADA, and Worker's Compensation
- Protocol for employees requesting medical leaves of absence
- Intermittent or Reduced-Schedule leaves
- Impact of intermittent leave on performance standards
- Supervisors create liability
- Reviewing your organization's leave policies and their implications for ADA, FMLA, and Workers Compensation
- Reflecting ADA, FMLA and Workers Compensation regulations in your policies
- Communicating leave policies to employees
Diane L. Dee, President of Advantage HR Consulting, LLC has over 25 years of experience in the Human Resources arena. Diane’s background includes experience in Human Resources consulting and administration in corporate, government, consulting and pro bono environments. Diane founded Advantage HR Consulting, LLC in early 2016. Under Diane’s leadership, Advantage HR provides comprehensive, cost-effective Human Resources solutions for small to mid-sized firms in the greater Chicagoland area. Additionally, Diane conducts webinars on a wide-variety of HR topics for various compliance training firms across the country.
Diane holds a Master Certificate in Human Resources from Cornell University’s School of Industrial and Labor Relations and has attained SPHR, SHRM-SCP, sHRBP and HRPM® certification.
Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.