2-days workshop on
Navigating and Managing Employee Leave Under
FMLA, ADA, Workers Comp
Coming soon.. Please contact customer care for new schedule at +1-510-857-5896
Course Description
Even the most seasoned H.R. practitioners and leave administrators can get tripped up by employee leave issues. First there is all the different requirements and nuances of the Family Medical Leave Act. Employees can also be eligible for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Amendments (ADAAA). If that's not enough an employee who sustains a work-related injury can be eligible for time off under Workers' Compensation laws. Some employees can be eligible under two laws or even all three at once. So, what's an employer to do? This seminar will help you untangle the web and navigate the overlap. You will also learn how to take a holistic, proactive approach to managing employee leave - and issues that may come up with employees on leave-to minimize leave abuses.

Learning Objectives
Intro/Overview: Employee Leave and applicable laws- brief description and overview
FMLA Basics
  • Employers Covered, employee eligibility
  • Notification Issues
  • Health Care Providers, Tracking, and Method for Taking FMLA
  • Job and Benefit Protections
  • Retaliation/Interference/Discrimination
ADA/ADAAA/Workers' Comp/Section 503
  • Overview/brief description/history, compliance obligations
  • What is NOT covered under the ADA/ADAAA?
  • Defenses: (undue hardship, direct threat)
  • Specific conditions (HIV/AIDS, alcoholism v drug users)
  • Reasonable Accommodations, The interactive process
  • Section 503 of the Rehabilitation Act
  • Leave under Workers' Comp
  • Don't Forget State/Local Laws
Leave Management/Administration/Abuse Prevention
  • The Big Picture
  • Using the Interactive Process to Help Manage ADA Leave
  • Monitoring Leave, Tracking Dates
  • Extension Requests and/or Return to Work Issues
  • Investigation
  • The Decision
  • Other Issues
Who will Benefit
  • Business Owners
  • Managers
  • HR Representatives
  • HR Generalists
  • HR Assistants
  • Payroll Professionals
  • Chief Financial Officers
  • Controllers
  • Consultants
  • Managers
  • Supervisors, etc

Day One:(8:30 a.m - 4:00 p.m)

(8:30 a.m. - 9:00 a.m.: Registration Process)

I. Intro/Overview: Employee Leave and applicable laws- brief description and overview (9:00 a.m - 9:30 a.m)
  • FMLA and Military Family Leave
  • Workers' Comp
II. FMLA Basics (9:30 a.m - 10:45 a.m)
A. Employers Covered, employee eligibility
  • Who is a "family member"?
  • Qualifying reasons
    • Serious health condition
    • Qualifying exigencies for Military Family Leave
  • FMLA activities
  • What's protected under FMLA?
  • Continuous v Intermittent Leave (and Reduced Schedule)
  • FMLA Military Leave (Qualifying Exigency, Military Caregiver)
B. Notification Issues
  • Eligibility, Designation, and Rights & Responsibilities Notices
  • Company policies, Employee Handbook provisions
  • Certifications, Re-certifications
    • 2nd and 3rd Opinions
Break (10:45 a.m. - 11:00 a.m.)

C. Health Care Providers, Tracking, and Method for Taking FMLA (11:00 a.m - 12:00 p.m)
  • What is a "Health Care Provider"?
  • Certifications from outside US or answered in foreign language
  • Tracking the "12-month" period
  • Calculating FMLA hours (continuous and intermittent leave)
  • Special rules (e.g. airline flight crew and educational agency employees)
D. Job and Benefit Protections
  • Reinstatement to same or equivalent position
    • When?
    • Exceptions?
  • Return to Work Issues
    • Re-certifications
    • FFD certifications
    • Light Duty/Reassignment/Transfer
  • Health Benefits (payment of premiums, recovery if employee quits)
E. Retaliation/Interference/Discrimination

Lunch (12:00 p.m. - 1:00 p.m.)

III. ADA/ADAAA/Workers' Comp/Section 503 (1:00 p.m - 2:30 p.m)

A. Overview/brief description/history, compliance obligations;
B. Definitions:
  • "Disability", "Impairment"
  • "Substantial Limitation"
  • "Major Life Activity"
  • Physical Impairment/Mental Impairment
  • Mitigating Measures
  • "Regarded as" disabled
  • Qualified Individual, Essential Job Functions
  • Reasonable Accommodation
C. What is NOT covered under the ADA/ADAAA?

Break (2:30 p.m. -2:45 p.m.)

D. Defenses: (undue hardship, direct threat) (2:45 p.m - 4:00 p.m)
E. Specific conditions (HIV/AIDS, alcoholism v drug users)
F. Reasonable Accommodations, The interactive process
  • Initiating the process (who, what, when, where, why & how)
  • Selecting the reasonable accommodation
  • Leave as a reasonable accommodation
  • Follow-up
G. Section 503 of the Rehabilitation Act
H. Leave under Workers' Comp
I. Don't Forget State/Local Laws
Day Two:(9:00 a.m. - 4:30 pm)

IV. Leave Management/Administration/Abuse Prevention (9 a.m - 10:30 a.m)
A. The Big Picture
  • Getting (How many leave requests, who is requesting, usual reasons for leave)
  • Addressing the Big Picture (An EAP program? Safety Issues? Workplace stress, bullying, etc.)
  • Determining what laws apply:
    • To your company: (big enough for FMLA/ADA etc?)
    • To this request: (i.e. for own serious health condition, family member, work-related injury)
      • Potential overlap - which law(s) apply, which do you follow and how?
  • Attendance, call-in, notification, lateness policies and procedures
Break (10:30 a.m. -10:45 a.m.)

10:45 a.m - 12:00 p.m.

  • Certifications and re-certifications
  • Forms, templates, documentation, recordkeeping
  • Designating a go-to person and chain of command
B. Using the Interactive Process to Help Manage ADA Leave
  • Determining Whether Leave is an Undue Hardship
  • Offering Alternative Accommodations
C. Monitoring Leave, Tracking Dates
D. Extension Requests and/or Return to Work Issues

Lunch (12:00 p.m. - 1:00 p.m.)

E. Investigation (1:00 p.m - 2:30 p.m)
  • Factors to Consider before investigating
  • Looking for patterns
  • Using social Media
  • Using surveillance
  • Interviews
  • Re-certifications
  • Contacting Health Care providers
  • Confidentiality
F. The Decision
  • FMLA and the "Honest Belief" Defense
  • Fraud
  • Undue Hardship
Break (2:30 - 2:45 p.m.)

G. Other Issues (2:45 p.m – 4:30 p.m)
  • Disciplining and Employee on Leave
  • Travel Restrictions
  • Outside Employment while on leave
  • Partying/taking trips while on leave
  • Other case examples/case studies
  • Questions, Comments, Answers
*** Seminar will also include some case studies as well as real case examples

Janette Levey Frisch - Founder of The EmpLAWyerologist Firm/Attorney

Janette is an attorney with more than 20 years legal experience. Janette is the founder of The EmpLAWyerologist Firm. Janette works with employers on most employment law issues, acting as the Employer's Legal Wellness Professional - to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm's weekly blog and has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is also a contributor to the recently released book, "Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition", published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.