3-hr Virtual Seminar: Untangling the FMLA, ADAAA, GINA, and Workers Compensation Laws
Location: Attend Live Webinar
Dates: 16-Sep-2016: 1:00 PM EST
Duration: 180 Mins
Speaker:Susan Fahey Desmond
Susan Fahey Desmond is a principal with Jackson Lewis PC, a labor and employment law boutique firm with offices across the country. Ms. Desmond has been representing management in all areas of labor and employment law since 1985. She is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers. Additionally, Ms. Desmond is frequently published on labor and employment law issues.
Course Description:
Managing employee leaves are the most complicated aspect of a human resource professional’s job. In addition to applying an employer’s own leave policies, employers must work through the maze of various laws impacting employee rights during these leaves – laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, workers’ compensation laws, the Genetic Information Nondiscrimination Act to name a few. Each individual law is complicated in and of itself; however, the various twists and turns that come about when these laws come together can be mind boggling. How do you untangle this maze?
Course Objective:
To understand the basics of individual leave laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, the Genetic Information Nondiscrimination Act, workers’ compensation and other laws that impact your obligations to employees needing leave. To understand when an employee is entitled to leave and what rights and protections they have while on leave. Working through the maze of how these laws interact and ensuring compliance with each as you manage your employee leaves of absence.
Course Outline:
Family and Medical Leave Act Basics
Covered Employers and Employees
Employee Leave Entitlements
What is a “serious health condition”
Your right to obtain medical certifications
Difference between Interference and Retaliation Claims
Employee’s Rights to Continued Health Insurance
Americans with Disabilities Amendments Act Basics
Who are the disabled?
What is a physical or mental impairment?
What are major life activities?
What do we mean by substantial limitation?
Impact of mitigating measures
Leave of Absence as a Reasonable Accommodation
EstablishingUndue Hardship
Requests for IndefiniteLeaves of Absences
Telecommuting andReasonable Accommodation Requests
Workers’ Compensation Basics
Meaning of“course and scope” of employment
Employee wagereplacement rights
Retaliationclaims under workers’ compensation laws
Genetic Information Nondiscrimination Act and HealthInsurance Portability Act Basics
Covered employers
What do we mean by “genetic information”?
GINA prohibitions
Meaning of “inadvertent” disclosures under GINA
Other laws such as the Pregnancy Discrimination Act
Legal obligations under the PDA
What do we mean by discrimination due to “pregnancy andrelated medical conditions”
Using the disparate treatment theory to support a PDAclaim
Using the disparate impact theory to support a PDA claim
Young v. UPS: Where are we now?
Untangling the Web
Difference between Serious Health Condition andDisability
Why you must always consider FMLA and ADA when anemployee has a workers’ compensation lost time injury
Lifting restrictions and the ADA
Running paid leave concurrently with FMLA legally
When can pregnancy complications be considered adisability under the ADA?
Avoiding GINA and HIPAA problems when getting medicalinformation you need to determine employee leave eligibility
When can you terminate an employee for failure to returnfrom leave?
When is COBRA triggered in the leave process?
Target Audience:
CFOs
Employers and Business owners
Human Resources Specialists and managers
Benefits specialists
Please Click here to Enroll & for more details
Thank you & Regards,
Sean Sharpe,
Training Manager,
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