FMLA, ADA, USERRA, Workers Compensation and HIPAA: Navigating the Bermuda Triangle of Medical Leave

Recorded Session
90 Minutes

Workers' compensation claims used to be fairly predictable. With the ADAAA, FMLA and GINA in the picture, they are much harder to administer, because each law has a different purpose and different rules. This 90-minute webinar on navigating the Bermuda Triangle of medical leave explains how they fit together.

You'll review FMLA coverage, eligibility and qualifying events, what happens when FMLA runs out, when leave is an ADA accommodation, requests for indefinite leave, terminating for excessive absenteeism, USERRA protections for military service members and getting the information you need without violating HIPAA.

You'll also look at light duty, running leave and workers' comp payments concurrently, how GINA compares with the ADAAA, pregnancy under the ADAAA, FMLA and PDA, and COBRA notices during leave.

WHY SHOULD YOU ATTEND?

The ADAAA relaxed who qualifies as disabled, which can require employers to offer light duty they once didn't have to, and it addresses when pregnancy complications may be disabilities. As a result, the FMLA and ADAAA interact even more, and court decisions continue to address these issues.

The session suits business directors, HR managers, directors, analysts and senior professionals, employee relations and employment specialists, compliance officers and benefits specialists.

AREA COVERED

  • Which employers are covered by the FMLA
  • Which employees are eligible for FMLA leave
  • Qualifying events under the FMLA
  • What happens when an employee exhausts FMLA leave
  • When a leave of absence is an ADA accommodation
  • Requests for indefinite leave
  • How the FMLA, ADA and workers' compensation laws interact
  • When you can terminate for excessive absenteeism
  • Protections for employees serving in the military
  • Getting the information you need without violating HIPAA

LEARNING OBJECTIVES

  • Compare the ADAAA and FMLA on leaves of absence
  • Decide whether workers' comp or the ADAAA requires light duty, and weigh its pros and cons
  • Handle an employee on workers' comp leave who refuses light duty
  • Run leave entitlements and workers' comp payments concurrently with other paid leave
  • Explain how GINA differs from and resembles the ADAAA
  • Treat pregnancy correctly under the ADAAA, FMLA and PDA
  • Know when to provide COBRA notices to employees 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 who qualifies as disabled, which can require employers to offer light duty they once didn't have to, and it addresses when pregnancy complications may be disabilities. As a result, the FMLA and ADAAA interact even more, and court decisions continue to address these issues.

The session suits business directors, HR managers, directors, analysts and senior professionals, employee relations and employment specialists, compliance officers and benefits specialists.

  • Which employers are covered by the FMLA
  • Which employees are eligible for FMLA leave
  • Qualifying events under the FMLA
  • What happens when an employee exhausts FMLA leave
  • When a leave of absence is an ADA accommodation
  • Requests for indefinite leave
  • How the FMLA, ADA and workers' compensation laws interact
  • When you can terminate for excessive absenteeism
  • Protections for employees serving in the military
  • Getting the information you need without violating HIPAA
  • Compare the ADAAA and FMLA on leaves of absence
  • Decide whether workers' comp or the ADAAA requires light duty, and weigh its pros and cons
  • Handle an employee on workers' comp leave who refuses light duty
  • Run leave entitlements and workers' comp payments concurrently with other paid leave
  • Explain how GINA differs from and resembles the ADAAA
  • Treat pregnancy correctly under the ADAAA, FMLA and PDA
  • Know when to provide COBRA notices to employees on leave

• Business Directors
• HR Managers & Directors
• Senior HR Professionals
• HR Analysts
• Employee Relations Professionals
• Employment Managers/Specialists
• Compliance Officers
• Benefits Specialists

Currency:
Webinar Option
Transcript (PDF Transcript of the Training)
Downloadable Recorded Session
USB

Speaker Profile

ins_img Susan Fahey Desmond

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

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