Get the latest updates and information on FMLA, workers' compensation and disability workplace information from our Blogging4Jobs experts including Jessica Miller-Merrell, Casey Sipe and Eric B. Meyer
8. WHAT IS FMLA?
The FMLA only applies to employers that meet certain criteria. !
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A covered employer is a:!
• "Private-sector employer, with 50 or more employees in 20 or more
workweeks in the current or preceding calendar year;!
• "Public employers; or!
• "Public or private elementary or secondary school.!
9. LEAVE ENTITLEMENT
• "Eligible employees may take up to 12 workweeks of leave in any
12-month period for one or more of the following reasons:!
!
• "The birth of a son or daughter or placement of a son or daughter
with the employee for adoption or foster care;!
!
• "To care for a spouse, son, daughter, or parent who has a
serious health condition;!
!
• "An FMLA "serious health condition" is "an illness, injury,
impairment, or physical or mental condition that involves . . .
[i]npatient care . . . or [c]ontinuing treatment by a health care
provider."!
10. LEAVE ENTITLEMENT
CONTINUED
• "Eligible employees may take up to 12 workweeks of leave in any
12-month period for one or more of the following reasons:!
!
• "For a serious health condition that makes the employee unable
to perform the essential functions of his or her job; or!
!
• "For any qualifying exigency arising out of the fact that a spouse,
son, daughter, or parent is a military member on covered active duty
or call to covered active duty status!
!
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11. LEAVE ENTITLEMENT
CONTINUED
“Any 12-month period” is defined in the FMLA regulations and allows an
employer to elect:!
!
• "a calendar year,!
!
• "a fixed 12-month “leave year,”!
!
• "a 12-month period rolled forward from the date any employee’s
first FMLA leave begins, or!
!
• "a “rolling” 12-month period measured backward from the date
an employee uses any FMLA leave.!
13. WORKERS' COMPENSATION
EXPLAINED
Workers' compensation is a form of insurance providing wage
replacement and medical benefits to employees injured in the course of
employment.!
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The insurance amounts & requirements vary state to state. !
Work Comp Offices by State: b4j.co/stateworkcomp"
14. OVERLAP
• Cases are complex!
!
• Often overlap among ADA, Worker’s Comp & FMLA!
!
• Documentation !
15. DISABILITY AND THE ADA
• "The ADA prohibits discrimination against applicants and employees
who are “qualified individuals with a disability” by providing for equal
opportunities for work.!
!
• "Covered Employer: 15 or more employees for 20 weeks during
current or preceding calendar year.!
!
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16. IMPORTANT DISTINCTIONS
Disability: An impairment that substantially limits one or more major life
activities, a record of such an impairment, or being regarded as having
such an impairment.
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Qualified Individual: Must be able to perform the essential functions of
the job with/without reasonable accommodation
!
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17. POLL QUESTION
WHAT IS A REASONABLE
ACCOMMODATION?
• "Work from home!
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• "Computer glare screen!
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• "Office countertops raised to accommodate
wheelchairs!
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• "Pager for a hearing impaired valet employee!
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• "All of the above !
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