Years ago, most workers' compensation professionals understood completely all of the legal risks. Follow the schedule listed in the statute, check compliance with other rules, and you knew the approximate costs of the claim. With the passage of the ADAAA, FMLA, GINA, such claims are not as easy to administer. Even the Pregnancy Discrimination Act has become a claim that many employers rarely see (because you treat pregnancy as any other "temporary disability"). How can you comply with each and every one of these statutes when they all have different purposes and different rules? Don't get caught like other employers recently have, because you haven't kept up with the latest regulations and court decisions.
WHY SHOULD YOU ATTEND?
The ADAAA relaxed the standards of who is qualified as "disabled" under the ADA. This relaxation has required employers to offer such things as light duty positions when the employer would not have been required to do before the amendments. The ADAAA also addresses when pregnancy complications may be considered disabilities. Of course, the FMLA/ADAAA has always interacted but with the relaxation of the qualification standards, they interact even more. Congress has also passed the Genetic Information Non-Discrimination Act - why is this different from the ADAAA or is it? When does the FMLA or ADAAA restrict your ability to terminate someone out on workers' compensation leave? Yes, the alphabet soup continues to get trickier especially as we are now seeing court decisions addressing these thorny issues.
AREA COVERED
• What employers are covered by the Family and Medical Leave Act
• What employees are eligible for FMLA leave
• What are qualifying events under the FMLA
• What happens when an employee exhausts their FMLA
• When a leave of absence is an accommodation under the ADA
• What is a request for an “indefinite leave”
• The interaction between the FMLA, ADA and workers’ compensation laws
• When you can terminate for excessive absenteeism
• Protections for employees serving our military
• Getting the information you need without violating HIPAA
LEARNING OBJECTIVES
• The differences between the ADAAA and FMLA when it comes to leaves of absences
• Do workers compensation statutes require an employer to offer "light duty" positions?
• What are the pros/cons of light duty positions?
• Even if your state statute doesn't require light duty positions, will the ADAAA require it?
• Can you terminate an employee out on workers' compensation leave for refusing a light duty position?
• How to run the various leave requirements concurrently?
• Can you run workers' compensation payments concurrently with other paid leave such as sick leave, vacation, short term disability, etc. Can the employee request that you do so even if you don't require it?
• How is GINA different from the ADAAA? How is it similar?
• How to treat pregnancies under the ADAAA, FMLA and PDA (and, yes, it is very different under each statute)
• When are you required to provide COBRA notices to those out on leave?
WHO WILL BENEFIT?
• Business Directors
• HR Managers & Directors
• Senior HR Professionals
• HR Analysts
• Employee Relations Professionals
• Employment Managers/Specialists
• Compliance Officers
• Benefits Specialists
The ADAAA relaxed the standards of who is qualified as "disabled" under the ADA. This relaxation has required employers to offer such things as light duty positions when the employer would not have been required to do before the amendments. The ADAAA also addresses when pregnancy complications may be considered disabilities. Of course, the FMLA/ADAAA has always interacted but with the relaxation of the qualification standards, they interact even more. Congress has also passed the Genetic Information Non-Discrimination Act - why is this different from the ADAAA or is it? When does the FMLA or ADAAA restrict your ability to terminate someone out on workers' compensation leave? Yes, the alphabet soup continues to get trickier especially as we are now seeing court decisions addressing these thorny issues.
• What employers are covered by the Family and Medical Leave Act
• What employees are eligible for FMLA leave
• What are qualifying events under the FMLA
• What happens when an employee exhausts their FMLA
• When a leave of absence is an accommodation under the ADA
• What is a request for an “indefinite leave”
• The interaction between the FMLA, ADA and workers’ compensation laws
• When you can terminate for excessive absenteeism
• Protections for employees serving our military
• Getting the information you need without violating HIPAA
• The differences between the ADAAA and FMLA when it comes to leaves of absences
• Do workers compensation statutes require an employer to offer "light duty" positions?
• What are the pros/cons of light duty positions?
• Even if your state statute doesn't require light duty positions, will the ADAAA require it?
• Can you terminate an employee out on workers' compensation leave for refusing a light duty position?
• How to run the various leave requirements concurrently?
• Can you run workers' compensation payments concurrently with other paid leave such as sick leave, vacation, short term disability, etc. Can the employee request that you do so even if you don't require it?
• How is GINA different from the ADAAA? How is it similar?
• How to treat pregnancies under the ADAAA, FMLA and PDA (and, yes, it is very different under each statute)
• When are you required to provide COBRA notices to those out on leave?
• Business Directors
• HR Managers & Directors
• Senior HR Professionals
• HR Analysts
• Employee Relations Professionals
• Employment Managers/Specialists
• Compliance Officers
• Benefits Specialists
Speaker Profile

Susan Fahey Desmond is a partner with McGlinchey Stafford, PLLC which has offices in 33 states across the country. She has been representing management in all areas of labor and employment law for over 35 years. A noted author and speaker, Susan is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers
Upcoming Webinars

Interactive dashboards & analytics in Excel

Copilot and HR: An Introduction for HR Professionals

4-Hour Virtual Seminar on Bootcamp on Excel

Leading Across Generations: 5 Challenges & 10 Strategies to…


I-9 Audits: Strengthening Your Immigration Compliance Strat…

Fair Lending in 2025: New Regulations, Examinations and Enf…


Tattoos, hijabs, piercings, and pink hair: The challenges …

Using Emotional Intelligence to Elevate Your Leadership

ChatGPT & HR: How HR Recruiting Professionals Can Leverage …

FDA Trends in Compliance and Enforcement in Computer System…

Elevate Your Workplace Wellness: 10 Critical Wellness Facto…

How to Manage the Legal Landmine of the FMLA, ADA and Worke…

How to Write a Successful Job Hazard Analysis


How to Write Right for Better Business Communication

How to Prepare For and Host a FDA Inspection and Respond to…

Public Speaking: Overcoming The Fear of Public Speaking

From Good to Great: The Secrets to an Optimized LinkedIn Pr…



Workplace Investigations 101: How to Conduct your Investiga…

Policy Pops: Navigating DEI in the 2025 Workplace: Strategi…

The Five Cs Of Commercial Credit: The Basic Elements Of Cre…

Transforming Anger And Conflict Into Collaborative Problem …


Navigating Alcohol and Drug Addiction Protections Under the…


Reduce Stress in the Workplace: Effective Ways to Handle Co…



Transforming HR with AI: Unlocking Excellence and Innovation

Creating Employee Handbooks that Protect You and Support th…

FDA Technology Modernization Action Plan (TMAP) and Impact …


Transform Data into Insights: A Beginners Guide to Excel Pi…


Mindful Communication:The Key to Meaningful Conversations i…

FDA Proposes Framework to Advance Credibility of AI Models

50+ new Excel features so far this decade

FMLA Compliance in 2025: A Comprehensive Guide & Strategies…

Excel - 10 Key Worksheet Functions to Skyrocket Your Produc…

Managing Toxic Employees: Strategies For Leaders To Effecti…

Hiring and Retaining Employees in this Crazy Economy

Harassment, Bullying, Gossip, Confrontational and Disruptiv…