The ADA, FMLA, and workers' compensation laws all provide protections for employees but can interact in complex ways. The ADA requires employers to provide reasonable accommodations for employees with disabilities. The FMLA provides up to 12 weeks of unpaid, job-protected leave for qualified medical and family reasons. Workers' compensation covers work-related injuries and illnesses. When addressing employee leave and return to work issues, employers must consider requirements and interactions under all three sets of laws.
F.U.N. slides Family and Medical Leave Act (FMLA)gwhumanresources
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slide on FMLA http://gwhumanresources.com/slides/
This presentation reviews - how to determine employee eligibility, what are the qualifying reasons to take FMLA, notice requirements when employee requests leave, what coverage must continue while employee is on leave, and what if employee does not return from leave.
The Impact of FMLA and ADA Compliance on EmployersSedgwick
Presentation at DMEC 2013
Denise Fleury Sedgwick
Barbara LaRocque Pepsico
Letitia gallman Delta Airlines
Ellen Shelnutt SunTrust Banks Inc.
Deborah Jacobs Southern California Edison
F.U.N. slides Family and Medical Leave Act (FMLA)gwhumanresources
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slide on FMLA http://gwhumanresources.com/slides/
This presentation reviews - how to determine employee eligibility, what are the qualifying reasons to take FMLA, notice requirements when employee requests leave, what coverage must continue while employee is on leave, and what if employee does not return from leave.
The Impact of FMLA and ADA Compliance on EmployersSedgwick
Presentation at DMEC 2013
Denise Fleury Sedgwick
Barbara LaRocque Pepsico
Letitia gallman Delta Airlines
Ellen Shelnutt SunTrust Banks Inc.
Deborah Jacobs Southern California Edison
Navigating the top fmla concerns evergreenjaybrodsky
Administering FMLA leave is a constant challenge for HR professionals. Determining what to do in situations involving intermittent leave, serious health conditions, notice obligations and overlapping leave policies can be time-consuming and, if handled incorrectly, can place you at risk for a lawsuit.
Be prepared! In this 90-minute webinar, attorneys Dana Connell and Michael Congiu of Littler Mendelson will explain what you need to know to navigate the complicated issues that can arise when administering FMLA leave.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
Fort Worth employment lawyer Adam Kielich presents five FMLA myths employees often wrongly believe. Learn more about what FMLA doesn't protect so you can better use your FMLA rights for what it does protect. Learn more with this presentation and then visit http://kielichlawfirm.com for more information.
n this webinar you will learn how understand the purpose and definition of the Family Medical Leave Act. As well as recognize potential reasons for covered leave and what necessary steps you can take as outlined under FMLA. You will understand the employee and employer responsibilities under FMLA and have the ability to apply compliance guidance to your workplace.
Americans with Disability Act Family Medical Leave Act Workers' Compensation:...Jim Cowan
This Presentation covers the Family Medical Leave Act ("FMLA"). Topics covered include:
• Intermittent Leave or Reduced Leave Schedule
• Transfer to an "Alternative Position"
• Reinstatement & Equivalent Position
• Limits on Reinstatement Rights
• Overview of the ADA
• Conflicts between the ADA and FMLA
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
Understanding the families first coronavirus response act (ffcra)Merchant Advisors
The Families First Coronavirus Response Act (FFCRA) is designed to help businesses and employers survive the COIVID-19 outbreak and stay intact. https://www.onlinecheck.com/blog/small-business-resources/understanding-the-families-first-coronavirus-response-act-ffcra/
With all of the regulations and forms, FMLA can be very confusing to understand and comply with. The overlapping State and Federal laws, eligibility qualifications, and process requirements make FMLA into a complicated regulation, but with the right information it doesn’t have to be a headache. Join KPA’s Human Resource Advocate, Kim Kavanagh, as she helps to take the mystery out of FMLA. Kim will delve into:
• Employer responsibilities
• Employee eligibility
• What documents are required and when
• Overlapping State and Federal Laws
• The intricacies of FMLA
Washington, DC Economic Partnership’s Doing Business in DC program on Recent Developments in Labor and Employment Laws featuring Grace Lee from Venable, LLP.
Time for a Break: Managing Leaves of Absence and Accommodating Disabilities (...Financial Poise
Your business likely functions more effectively when your employees are at work doing the work you hired them to perform? What are your rights (and obligations) as an employer when an employee is unable to work due to an illness or injury? Does the Family and Medical Leave Act apply? Do you operate in a jurisdiction that has recently enacted a sick leave law? What happens when an employee requests a reasonable accommodation because of a disability? These types of questions have been confounding employers for years and are likely to grow more complicated as state and local governments step in to fill the voids left at the federal level. Do not despair, though, as this webinar includes discussions of the mistakes commonly made by employers as well as a series of tips and pointers from a panel of experts who will help you navigate these and other thorny issues involving employees who are unable to work for health-related reasons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/managing-leaves-of-absence-and-accommodating-disabilities-2020/
There are many legal liabilities a benefit plan administrator can face if he or she does not properly handle their plan. Here are the most important things to remember as you are acting as teh
A presentation filled with tips by the investigative recruitment research firm Intellerati on taking a focused approach to candidate sourcing. Visit Intellerati at http://www.intellerati.com.
Navigating the top fmla concerns evergreenjaybrodsky
Administering FMLA leave is a constant challenge for HR professionals. Determining what to do in situations involving intermittent leave, serious health conditions, notice obligations and overlapping leave policies can be time-consuming and, if handled incorrectly, can place you at risk for a lawsuit.
Be prepared! In this 90-minute webinar, attorneys Dana Connell and Michael Congiu of Littler Mendelson will explain what you need to know to navigate the complicated issues that can arise when administering FMLA leave.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
Fort Worth employment lawyer Adam Kielich presents five FMLA myths employees often wrongly believe. Learn more about what FMLA doesn't protect so you can better use your FMLA rights for what it does protect. Learn more with this presentation and then visit http://kielichlawfirm.com for more information.
n this webinar you will learn how understand the purpose and definition of the Family Medical Leave Act. As well as recognize potential reasons for covered leave and what necessary steps you can take as outlined under FMLA. You will understand the employee and employer responsibilities under FMLA and have the ability to apply compliance guidance to your workplace.
Americans with Disability Act Family Medical Leave Act Workers' Compensation:...Jim Cowan
This Presentation covers the Family Medical Leave Act ("FMLA"). Topics covered include:
• Intermittent Leave or Reduced Leave Schedule
• Transfer to an "Alternative Position"
• Reinstatement & Equivalent Position
• Limits on Reinstatement Rights
• Overview of the ADA
• Conflicts between the ADA and FMLA
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
Understanding the families first coronavirus response act (ffcra)Merchant Advisors
The Families First Coronavirus Response Act (FFCRA) is designed to help businesses and employers survive the COIVID-19 outbreak and stay intact. https://www.onlinecheck.com/blog/small-business-resources/understanding-the-families-first-coronavirus-response-act-ffcra/
With all of the regulations and forms, FMLA can be very confusing to understand and comply with. The overlapping State and Federal laws, eligibility qualifications, and process requirements make FMLA into a complicated regulation, but with the right information it doesn’t have to be a headache. Join KPA’s Human Resource Advocate, Kim Kavanagh, as she helps to take the mystery out of FMLA. Kim will delve into:
• Employer responsibilities
• Employee eligibility
• What documents are required and when
• Overlapping State and Federal Laws
• The intricacies of FMLA
Washington, DC Economic Partnership’s Doing Business in DC program on Recent Developments in Labor and Employment Laws featuring Grace Lee from Venable, LLP.
Time for a Break: Managing Leaves of Absence and Accommodating Disabilities (...Financial Poise
Your business likely functions more effectively when your employees are at work doing the work you hired them to perform? What are your rights (and obligations) as an employer when an employee is unable to work due to an illness or injury? Does the Family and Medical Leave Act apply? Do you operate in a jurisdiction that has recently enacted a sick leave law? What happens when an employee requests a reasonable accommodation because of a disability? These types of questions have been confounding employers for years and are likely to grow more complicated as state and local governments step in to fill the voids left at the federal level. Do not despair, though, as this webinar includes discussions of the mistakes commonly made by employers as well as a series of tips and pointers from a panel of experts who will help you navigate these and other thorny issues involving employees who are unable to work for health-related reasons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/managing-leaves-of-absence-and-accommodating-disabilities-2020/
There are many legal liabilities a benefit plan administrator can face if he or she does not properly handle their plan. Here are the most important things to remember as you are acting as teh
A presentation filled with tips by the investigative recruitment research firm Intellerati on taking a focused approach to candidate sourcing. Visit Intellerati at http://www.intellerati.com.
A presentation by Intellerati, the recruitment research division of The Good Search, LLC, on why recruiting needs to be investigative. It isn't that there are too few candidates. It is that there are too many.
Discuss the components and purpose of types of leaves-of-absence, in.pdfarpitcollections
Discuss the components and purpose of types of leaves-of-absence, including FMLA, military,
personal, and sabbaticals. If the leave type is mandated by law, discuss the employer
responsibilities and benefits to the employee.
HERE IS AN EXAMPLE OF HOW IT SHOULD BE FORMATTED:
FMLA
Components
“Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year” and
protects group health benefits during the leave;
Applies to public agencies, schools, and companies with greater than 50 employees; and
Employees are eligible if they have worked for the company for more than 12 months and 1,250
hours over the last 12 months (United States Department of Labor, n.d.)
Purpose
“To help employees balance their work and family responsibilities by allowing them to take
reasonable unpaid leave for certain family and medical reasons” including the birth of a child,
adoption, and caring for self or a family member.
“It also seeks to accommodate the legitimate interests of employers and promote equal
employment opportunity for men and women” (United States Department of Labor, n.d.)
Mandated by law– yes, Family and Medical Leave Act of 1993
Employer Responsibilities
Post a general notice in the form of an FMLA poster;
“Provide employees with a general notice about the FMLA;
Notify employees concerning their eligibility status and rights and responsibilities under the
FMLA; and
Notify employees whether specific leave is designated as FMLA leave and the amount of time
that will count against their FMLA leave entitlement” (United States Department of Labor, n.d.)
Benefits to Employees
Allows time off for certain family and medical reasons;
Protects their group health benefits from being terminated while they are on leave;
Protects other benefits received by the employee;
Protects their job while on leave (ie, they must be restored to the same or equivalent job when
they return); and
Protects other benefits such as unconditional pay increases, bonuses or payments (United States
Department of Labor, n.d.)
Solution
Discuss the components and purpose of types of leaves-of-absence, including FMLA, military,
personal, and sabbaticals. If the leave type is mandated by law, discuss the employer
responsibilities and benefits to the employee.
Answer:
FMLA
The Family and Medical Leave Act
Components :
The Family and Medical Leave Act (“FMLA”), which allows employees time off from their job
to bond with their children, care for ill family members, or recover from their own serious health
problems — all without fear of losing their job. The FMLA entitles employees to a total of 12
weeks of unpaid leave during a 12-month period .
The FMLA entitles those who have taken leave under the law to return to their previous job,or to
an equivalent job with the same pay, benefits, and other conditions. Employers who provide
health insurance must also continue to pay their share of the health insurance premium for
employees on FMLA leave.
Care for newborn or newly adopt.
Family Medical Leave Act (FMLA) Attorneys - Mansell Law Columbus OhioGreg Mansell
Columbus Family Medical Leave Act (FMLA) attorneys representing clients in Ohio in FMLA discrimination, FMLA retaliation, & interference with FMLA rights.
2008 Hot Topics in Labor & Employment Lawptcollins
New Jersey Paid Family Leave Act, Keith McDonald
Potpourri of Employee Privacy Issues, Karen Thompson
Electronic Discovery 2008: Coming to a HR Department Near You, Fernando Pinguelo
Emergent Tax Issues in Employment Law, Charles Bruder
Developments in Harassment Law, David Cassidy
Family and Medical Leave Act, Proposed Regulations Changes, Pat Collins
Employers may provide their employees with various types of paid or unpaid leave as part of their overall compensation packages, including vacation time, personal leave and sick leave. Employers have some flexibility when it comes to establishing or negotiating employee leave policies. However, federal laws such as the Family and Medical Leave Act (FMLA) require covered employers to provide employees with leave in certain situations.
In addition to federal leave laws, Kansas has employee leave laws regarding:
• Jury duty leave;
• Voting leave;
• Pregnancy leave;
• Domestic violence leave; and
• Military and National Guard leave.
Managing Leaves of Absence and Accommodating Disabilities (Protecting Your Em...Financial Poise
Your business likely functions more effectively when your employees are at work doing the work you hired them to perform? What are your rights (and obligations) as an employer when an employee is unable to work due to an illness or injury? Does the Family and Medical Leave Act apply? Do you operate in a jurisdiction that has recently enacted a sick leave law? What happens when an employee requests a reasonable accommodation because of a disability? These types of questions have been confounding employers for years and are likely to grow more complicated as state and local governments step in to fill the voids left at the federal level. Do not despair, though, as this webinar includes discussions of the mistakes commonly made by employers as well as a series of tips and pointers from a panel of experts who will help you navigate these and other thorny issues involving employees who are unable to work for health-related reasons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/time-for-a-break-managing-leaves-of-absence-and-accommodating-disabilities-2021/
HR Webinar: HR Professional’s Role in Managing Leave of AbsenceAscentis
Requests for leaves of absence rank among the most frequently encountered challenges faced by the HR professional because employers must contend with a patchwork of employee-friendly statutes, including federal, state and local leaves – it’s important to understand how these leaves coordinate because they often contain overlapping and sometimes conflicting employee rights and employer obligations.
Assignment 2 Required Assignment 1—The FMLA in PracticeThe Family.docxMerrileeDelvalle969
Assignment 2: Required Assignment 1—The FMLA in Practice
The Family and Medical Leave Act (FMLA) was enacted in 1993 and entitles eligible employees of employers covered under it to take unpaid, job-protected leave for specific family and medical reasons. During this leave, group health insurance coverage continues under the same terms and conditions applicable if the employees had not taken leave.
You may access the latest rules covered under the FMLA at the following Web site:
U.S. Department of Labor. (n.d.)
Wage and Hour Division (WHD): Family Leave and Medical Act
. Retrieved from
http://www.dol.gov/whd/fmla/
In this assignment, you will analyze the FMLA policy of an organization to understand the policy's role and importance in employee management.
Tasks:
Click
here
to access and read a portion of the employee handbook of Widgets Inc. that outlines the company's FMLA policy statement. Analyze the handbook on the basis of FMLA guidelines. Identify a minimum of five errors or oversights that relate to the FMLA and list their solutions in a separate document.
In addition, in the same document, include answers to the following questions:
What are three alternative methods of calculating twelve weeks of leave within a twelve-month period? Which method do you believe is the best and why?
An employee should give as much notice as possible to his or her employer. The Department of Labor suggests a minimum notice of thirty days. What if an employee needs emergency FMLA leave? Is the employee still allowed to take FMLA leave, although he or she was unable to give the thirty-day notice?
What are the legal ramifications if the same position is not available to an employee on his or her returning from FMLA leave?
During an employee's FMLA leave, Widgets Inc. downsizes and closes the department in which the employee works. What will happen to the employee? What are the legal ramifications?
Submission Details:
Save your final document as M3_A2_Lastname_Firstname.doc and, by
Wednesday, February 1, 2017
, submit it to the
M3: Assignment 2 RA 1 Dropbox
.
Assignment 2 Grading Criteria
Maximum Points
Identified a minimum of five errors or oversights on the basis of the FMLA policy and suggested practical solutions for each.
56
Evaluated alternative methods of calculating twelve weeks of leave within a twelve-month period.
32
Explained the stand of the FMLA policy if an employee needs emergency FMLA leave without giving the thirty-day notice.
24
Explained the legal ramifications if the same position is not available to an employee on his or her returning from FMLA leave.
24
Explained the legal ramifications if a company downsizes and closes the department in which the employee works during the employee’s FMLA leave.
24
Wrote in a clear, concise, and organized manner; demonstrated ethical scholarship in accurate representation and attribution of sources; displayed accurate spelling, grammar, and punctuation.
40
Total:
200
WIDGETS FAMILY LEAVE HANDBOOK.
As the new year approaches, there are several new rules and regulations regarding employee medical leaves of absence that your company needs to address. David Cassidy, Member of Norris McLaughlin & Marcus and its Labor & Employment Group, will discuss the new regulations relating to the Federal Family and Medical Leave Act and the Military Family Leave Act. He will also present the September 25, 2008 amendments to the Americans with Disabilities Act (ADA). David will highlight what employers should do in 2009 to ensure compliance with the ADA, as amended.
Kris Tanner & Dan Ditto provide detailed information about recent HR updates and laws to help keep your business compliant in 2021.
As a co-employer, we're excited to help our clients continue to grow and achieve their business goals in 2021.
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
04062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
1. Created by Simpo PDF Creator Pro (unregistered version)
http://www.simpopdf.com
UFOs – Unidentified Flying Objects
Ufology – is a neologism coined to describe the collective
efforts of those who study reports and associated evidence of
unidentified flying objects (UFOs).
Ufologist – A ufo investigator is called a ufologist
Ufo Sightings- Some eye witnesses to the UFOs
Roswell Incident- called the Roswell UFO crash
1947
UFO Conspiracy – Worldwide UFO cover Ups and
related theories
Alien- An extra-terrestrial being is called an alien
2. The Bermuda
Triangle of Leave Laws
ADA, FMLA and Workers Compensation
Instructor: Brenda JM Sabin, CBP
Director of Operations and Site Administration for HRSentry, LLC
3. Today we are talking about these Federal
Leave Laws:
The American’s with Disabilities Act (ADA)
The Family and Medical Leave ACT (FMLA)
Workers Compensation (WC)
We will look at each law separately then
weave them together
Its like putting a puzzle together
blindfolded!
Overview
4. Americans with Disabilities Act of 1990
(Titles 1 and V) pertains to:
◦ Private employers with 15 or more employees,
◦ State and local governments,
◦ Employment agencies and labor unions
◦ The ADA's nondiscrimination standards also apply to federal
sector employees under section 501 of the Rehabilitation Act,
as amended
ADA
5. Employees with disabilities must:
have an equal opportunity to apply for jobs and to
work in jobs for which they are qualified;
Provides protection from hiring discrimination
Also provides protection from job loss due to disability
have an equal opportunity to be promoted once
they are working;
have equal access to benefits and privileges of
employment that are offered to other employees,
such as employer-provided health insurance or
training; and
must not be harassed because of their disability.
ADA
6. As defined by the ADA, an individual with a
disability is a person who:
◦ has a physical or mental impairment that
substantially limits one or more major life
activities;
seeing, hearing, speaking, walking, breathing,
performing manual tasks, learning, caring for
oneself, working, etc…..
◦ has a record of such an impairment; or
◦ is regarded as having such an impairment
What is a disability?
7. Under the ADA you as an employer are
required to make reasonable
accommodations unless it creates undue
hardship for your business
A reasonable accommodation is determined by: employee size, revenue
and type of business on a case by case basis
ADA
8. Reasonable accommodation may include, but is
not limited to:
◦ Making existing facilities used by employees readily accessible to and usable by
persons with disabilities
◦ Job restructuring, modifying work schedules, reassignment to a vacant position;
◦ Acquiring or modifying equipment or devices, adjusting or modifying
examinations, training materials, or policies, and providing qualified readers or
interpreters.
Reasonable Accommodations
9. An employer never has to provide any
reasonable accommodation that causes
undue hardship, meaning significant
difficulty or expense.
◦ Undue hardship refers not only to financial
difficulty, but to reasonable accommodations
that are unduly extensive or disruptive, or
those that would fundamentally alter the
nature or operation of the business.
Undue Hardship
10. Reinstatement Rights –
◦ Must be to the SAME job unless doing so causes
undue hardship to the employer
◦ No time limit on reinstatement
◦ Employer is obligated to make reasonable
accommodations based on the essential functions of
the job
Essential functions are the fundamental job duties performed in a position.
The term "essential functions" does not include the marginal functions of the
position. A function may be essential because:
The position exists to perform that function.
There are a limited number of employees available who could perform that
function.
The function is highly specialized.
ADA
11. Family Medical Leave Act (Federal)
Some states have their own Family Leave
Laws
Whichever law is more beneficial to the
employee must be followed
FMLA
12. FMLA
Job protection
12 weeks unpaid leave in a 12 month period
Intermittent leave is allowed
Reasons why:
Birth or adoption
Check state law definitions for spouse’s working for
same employer
Serious health condition
Yourself
Immediate family member
Check state laws for difference in definitions of
immediate family
FMLA
13. H.R. 4986, the National Defense
Authorization Act for FY 2008
(NDAA), Pub. L. 110-181.(eff.
01/28/2008)
Caregiver Leave
FMLA-eligible employees who are the spouse, child, parent, or next of
kin to a service member who has been seriously injured (including
illness) while on active duty can take up to 26 weeks of unpaid leave
in a 12-month period to care for the service member. Important:
Where appropriate, all existing provisions of the FMLA apply,
including the intermittent leave, the substitution of paid leave, and the
notice provisions.
Recent Amendments to FMLA
14. H.R. 4986, the National Defense
Authorization Act for FY 2008
(NDAA), Pub. L. 110-181.(eff.
01/28/2008)
Active Duty Leave
Under another FMLA amendment, an employee may take FMLA
leave for "any qualifying exigency" arising out of the fact that his/her
spouse, child, or parent is on active duty or has been notified of an
active-duty call. Amount of leave available: up to 12 weeks in a 12-
month period (i.e., the usual FMLA leave allotment).
According to the DOL, this amendment won't become effective until final regulations defining any qualifying exigency
are issued. In the interim, the DOL advised employers to provide this type of leave. Here, too, the regular FMLA
provisions apply, so when the need for leave is foreseeable, employees must provide their employers with reasonable
and practicable notice. Also, employers may require that leave requests be supported by certification.
Recent Amendments to FMLA
15. Private employers with 50 employees,
working within 75 miles
Schools
Public agencies Must have a
written FMLA
policy
Government
FMLA-
FMLA- Covered Employers
16. If an FMLA-covered employer has any
eligible employees and has any written
guidance to employees concerning
employee benefits or leave rights, such as
in an employee handbook, information
concerning FMLA entitlements and
employee obligations under the FMLA
must be included in the handbook or
other document.
The Law on Policy Requirements
17. Federal - Worked at least 12 months
◦ Do not have to be consecutively
Federal - Worked 1250 hours in previous
12 months
Check your State Laws
VT – 3 laws to consider
FMLA Eligible Employees
18. Employee Requirements:
◦ Must notify employer as soon as reasonably
possible for the need of time off
◦ Employer must notify Employee that their time
off is being counted under FMLA (form WH-
380)
◦ Employer can require Drs certification if leave
is for serious health condition (employees or
family member) (form WH-381)
Notices
19. "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves:
any period of incapacity or treatment connected with inpatient care in a hospital,
hospice, or residential medical care facility; or
a period of incapacity requiring absence of more than three calendar days from
work, school, or other regular daily activities that also involves continuing treatment
by (or under the supervision of) a health care provider; or
any period of incapacity due to pregnancy, or for prenatal care; or
any period of incapacity (or treatment therefore) due to a chronic serious health
condition (e.g., asthma, diabetes, epilepsy, etc.); or
a period of incapacity that is permanent or long-term due to a condition for which
treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.);
or,
any absences to receive multiple treatments (including any period of recovery
therefrom) by, or on referral by, a health care provider for a condition that likely
would result in incapacity of more than three consecutive days if left untreated (e.g.,
chemotherapy, physical therapy, dialysis, etc.).
Serious Health Condition
20. Entitled to 12 weeks of job protection
◦ NOT additional time off
◦ Runs concurrent with other leave of absence
policies
Disability
WC
Paid Time off (check state laws)
◦ Can be taken intermittently
Time tracking an issue
Why is it important to track immediately and
consistently?
Entitlements
21. Accrual of benefits
◦ Federal Law –time off benefits cannot be taken
away but do not have to continue to accrue
◦ Check state law
Using paid time off
◦ Federal Law – you can require your employees
to use their time off
◦ Your employee can choose to use their paid
time off
Check state law
FMLA
Time Off Benefits
22. Maintenance of Health Benefits
◦ Keep on insurance – same status
◦ Can require the payment that they normally
would have paid
Pre-tax vs post-tax
23. Reinstatement Rights
◦ Must be reinstated to the same or equivalent
position with same pay and benefits and other
“perqs” if returned to work within the 12
weeks.
◦ Special rules for educational institutions
◦ Not entitled to reinstatement if out beyond the
12 weeks
FMLA
24. Joyce is pregnant and her baby is due on
October 1st.
◦ On September 10th Joyce comes to you to say
that her Dr has told her she must stop working
now before the baby is born.
◦ Assume you have no paid disability policies.
◦ Assume Joyce has some paid time off available
to her to use.
Example/POLL
25. Injury or Illness that is Work Related.
◦ Provides for partial income replacement
◦ Provides for medical treatment payments
◦ Permanency benefits
◦ Vocational Rehab
◦ Death Benefits
Reinstatement rights – check state law –
WC is governed by State Laws. Some
have more restrictive laws on
reinstatement.
Workers Compensation
26. Illness or Injuries/Serious Health Conditions
Injury at work may qualify for WC only-if no lost days at work
It may qualify for FMLA and WC if lost work days.
Bronchitis - out sick for three days – FMLA serious health condition
Heart Attack would qualify for FMLA and may qualify for ADA if it
substantially limits major life activity
A injury at work that impairs a major life activity -WC and ADA and
FMLA would apply.
Any time an illness or injury occurs you need to ask
yourself:
Does the illness/injury impair the employees ability to perform a
“major life activity”?
If so, you have a duty to make a reasonable accommodation.
Serious health conditions
27. ADA –
◦ a reasonable accommodation may be unpaid leave – and
this would not be limited to the 12 weeks of FMLA.
FMLA –
◦ the employee can take intermittent leave or work on a
part time basis for a serious health condition if it is
medically necessary, up to the 12 weeks time in a 12
month period
WC –
◦ unable to perform job duties/ may do light duty work if
available
Comparisons of Laws
Reduced time at Work
28. ◦ ADA – it has to be the same position unless
doing so would cause undue hardship to the
employer
◦ FMLA – same job or an employee can be
transferred to an alternative position as long as
it’s an equivalent position (pay, benefits)
◦ WC an employer may be obligated to reinstate
an employee within a specified time frame to
any job that they can meet the essential
functions – employers do not have to create a
job (check state laws)
Comparisons
Returning to Work
29. ◦ ADA – open ended /reasonable
◦ FMLA – 12 weeks within 12 months
◦ WC – open ended until medical end result or
return to work is medically certified or
termination of employment.
Comparisons
Time Off Away from Work
30. Reasons for:
◦ ADA – taken only for their own disability –
fairly serious health conditions affecting “major
life activities”
◦ FMLA – taken for their own serious health
condition or family member
Birth or adoption
Military amendments
◦ WC – work related injury or illness
Comparisons
Reasons for Leave
31. Minimum length of employment to be
eligible:
◦ ADA – none
◦ FMLA -1250 hrs within last 12 months; have
worked 12 months in total
◦ WC - none
Comparisons
32. Joe works in a job that requires him to
pick up 50 lb bags from a loading dock
and carry them to a storage room.
◦ He hurts his back while working and is out of
work on WC for three weeks.
◦ When he returns to work – medical restrictions
apply and he can only lift up to 50lbs to waist
level but cannot carry it
◦ How does each law apply?
Example
33. WC Claim
◦ Pays for medical and partial lost wages
FMLA
◦ Start the clock ticking as soon as he goes out
of work
ADA – is there a disability?
How the laws may interact
34. ◦ Answer: It depends --- ADA is looked at on a
case by case basis.
◦ The medical restrictions– can they be
accommodated reasonably?
◦ The essential job function is to “move” the
bags, not necessarily carry them….
Case by Case…..
35. Make every qualifying leave an FMLA event
Revise existing policies of sick, personal, disability etc to run
concurrent with FMLA
Designate and provide notice of such
Identify essential functions of ALL jobs
Provide FMLA training especially to front line supervisors and
managers
Maintain separate confidential records
Document all time away from work
Establish a reinstatement procedure and/or return to work
program (light duty)
What to do! Best Practices
36. Have information available – quickly
Keep up to date and current on law
changes and revisions
Document all your steps and procedures
What to do continued….
37. In HRSentry
◦ www.hrsentry.com
Libraries –
◦ Federal Employment Laws and Regulations
State Employment Laws and Regulations
Best Practices
Using Search feature:
◦ ADA
◦ FMLA
◦ Workers Compensation
ADA – FMLA - WC
38. Q&A
www.hrsentry.com - take the tour! Browse
the site
support@hrsentry.com(for information on
sign up and group rates)
admin@hrsentry.com (for help inside
HRSentry)
Wrap Up