The document provides an overview of the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), explaining what managers need to know about employee leave rights and requirements, eligibility, reasons for leave, notification processes, and intermittent leave provisions under the acts. The presenter has over 25 years of HR experience and the webinar aims to educate HR professionals on compliance with FMLA and ADA laws and policies.
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/
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.
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/
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.
DBL Law Partners Bob Hoffer and Kelly Schoening train corporate managers in the basics of employment law. The goal of the training is to help new managers (a) recognize state and federal laws regarding employee issues, (b) spot potential issues before they occur, and (c) promote and maintain a comfortable and productive work environment.
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
Application of the Act
When gratuity is payable
Amount of gratuity payable
Power of exempted
Obligations and rights of the employer
Penalties
Sec.2(e) "employee" means any person employed to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work
it does not include an apprentice
Sec.2 (s) "wages" includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
Key Takeaways:
- Social security for building / construction workers
- Extension of scope to gig / platform workers
- Creation of social security board for unorganised workers
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.
State and Federal Labor Law Posters
The Michigan Chamber has consolidated ALL of the required notices on four attractively printed and laminated 18x24 sheets. Our posters are always up-to-date as we have staff in constant contact with each of the issuing agencies and departments.
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/
DBL Law Partners Bob Hoffer and Kelly Schoening train corporate managers in the basics of employment law. The goal of the training is to help new managers (a) recognize state and federal laws regarding employee issues, (b) spot potential issues before they occur, and (c) promote and maintain a comfortable and productive work environment.
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
Application of the Act
When gratuity is payable
Amount of gratuity payable
Power of exempted
Obligations and rights of the employer
Penalties
Sec.2(e) "employee" means any person employed to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work
it does not include an apprentice
Sec.2 (s) "wages" includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
Key Takeaways:
- Social security for building / construction workers
- Extension of scope to gig / platform workers
- Creation of social security board for unorganised workers
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.
State and Federal Labor Law Posters
The Michigan Chamber has consolidated ALL of the required notices on four attractively printed and laminated 18x24 sheets. Our posters are always up-to-date as we have staff in constant contact with each of the issuing agencies and departments.
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/
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/
Michigan & Federal Labor Law Poster Set
$49.00 first-time customers
$29.00 renewal rate within 12 months for returning customers
The Michigan Chamber of Commerce consolidates all of the mandatory state and federal notices in their required sizes on four 18x24 attractively printed and laminated sheets.
Thousands of Michigan companies trust the Michigan Chamber for their labor law poster needs.
This is a complete guide to FMLA, including qualifying factors, notice requirements, certification, calculating and tracking leave, employer responsibilities, and additional resources.
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year for family and medical reasons to eligible employees at employers with 50 or more employees.
Under FMLA, employees are entitled to return to their same or an equivalent job at the end of their FMLA leave and retain their group health insurance coverage. FMLA also provides certain military family leave entitlements for eligible employees.
FMLA and Other Leave Laws: Learn What’s Changing and How to Stay CompliantComplyRight, Inc.
Of all the employment laws affecting today’s businesses, the Family and Medical Leave Act (FMLA) is one of the most complicated. When does it apply? What does it cover? How do you track the time taken? Is it always unpaid?
In the absence of federal-level FMLA amendments, states and cities/counties are stepping in with their own, more generous, employee leave laws. We’ll also explore this emerging issue that may impact your business (even if you’re not covered by the FMLA).
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.
In this webinar, our HR expert reviewed the purpose and definition of the Family Medical Leave Act (FMLA), the rights and responsibilities of both employees and employers under FMLA, as well as how to recognize potential reasons for covered leave and what necessary steps you can take as outlined under FMLA.
The Impact of Communicable Diseases, Including Coronavirus, on the Workplace ...Financial Poise
When it comes to dealing with communicable disease-related issues within the workplace, planning is everything. What kinds of things might an employer do to lessen the impact of a communicable disease disaster on their business? Join this panel of experts as they explore these topics: (1) FFCRA-eligibility, hardship waivers, benefits required; (2) Increased employer medical screening, testing & temperature taking; (3) Managing remote work, how to assess eligibility for remote work (job descriptions, accommodations, electronic access); (4) Workplace communication--HIPAA, privacy, etc.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/the-impact-of-communicable-diseases-on-the-workplace-2020/
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.
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Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
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RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
4. About
1. President/Owner, HR Luminary, LLC
2. HR Generalist, SPHR Certified
3. Over 25 years experience in Human
Resources in the private sector
4. Member of SHRM, both national and local
5. BSBA from Arizona State University
4
5. Intent of Webinar
1. Inform/educate HR professionals on
the legal consequences surrounding
FMLA and ADA.
2. Focus on the important role of HR
professionals to manage FMLA and
ADA related issues and their
understanding of laws, policies and
practices to ensure compliance.
5
6.
7. Learning Objectives
6. Know what is and is not allowed under each act.
7. Understand the basic interplay between
FMLA/ADA/Worker’s Compensation/Disability
HRCI has approved this program
for 1.25 General Recertification
credits for PHR, SPHR and/or GPHR
7
8. Family and Medical Leave Act 1993
• Allows employees to balance their work and family
life due to certain family and medical reasons.
• Provided for in a manner that accommodates the
legitimate interests of employers.
• Minimizes the potential for employment
discrimination on the basis of gender.
• Promotes equal employment opportunity for men
and women.
8
9. Family and Medical Leave Act
• FMLA requires employers to grant eligible
employees a maximum of 12 work weeks of
unpaid, job protected leave during a 12
month period.
• This applies to all companies engaged in
commerce where at least 50 employees are
employed at the location, or within 75 miles
of the location.
9
10. Who is Eligible?
• Full and part time employee who have worked
for the employer for at least 12 months (does
not have to be 12 continuous or consecutive
months)
• Employee must have worked at least 1,250
hours during the 12 months prior to the start of
the qualified leave.
10
11. What does FMLA Cover?
FMLA allows employees to take up to 12 workweeks of
unpaid, job protected leave during a designated 12
month period in the following cases:
For incapacity due to pregnancy, prenatal medical
care, or childbirth
To care for the employee’s child after birth or
placement for adoption or foster care
To care for the employee’s spouse, son or daughter,
or parent who has a serious health condition
For a serious health condition that makes the
employee unable to perform his or her job.
11
12. What doesn’t FMLA Cover?
The law does not cover:
• In-laws
• Grandparents
• Aunts
• Uncles
• Siblings
• Cousins
• Children over the age of 18 (with exceptions)
• Unmarried domestic partners
12
13. Serious Health Condition
“Serious Health Condition” – illness, injury, impairment, or
physical or mental condition:
• Health condition lasting more than three consecutive days, requiring
continuing treatment (e.g., hospitalization), plus two visits
• Any period of incapacity due to pregnancy or prenatal care
• Any period of incapacity due to a chronic, serious health condition that
continues over an extended period of time and requires visits to a health care
provider
• A permanent or long term condition for which treatment may not be effective,
requiring supervision by a health care professional (e.g. terminal cancer)
• Any absences to receive multiple treatments for restorative surgery or for a
condition resulting in a period of incapacity of more than three days if left
untreated, such as chemotherapy or radiation treatments.
13
14. Serious Health Condition
In January 2009, DOL issued a new set of regulations to
clarify one of the definitions.
Original definition of Serious Health Condition:
A health condition lasting more than 3 consecutive days requiring
continuing treatment, (such as hospitalization), plus 2 visits to a health-
care provider or 1 visit to a h/c provider plus continuing treatment.
Amendment:
The first health-care provider visit must occur within 7 days of the first
day of incapacity. Where applicable, the two visits must occur within 30
days of the beginning of the period of incapacity.
In addition, for chronic serious health conditions, the employee must
visit a health-care professional at least twice/year.
14
15. What is A
Serious Health Condition
• Heart Conditions/Strokes
• Back Injuries
• Injuries caused by accidents
• Pregnancy and related conditions (miscarriages, morning sickness)
• Cancer
• Asthma
• Pneumonia
• Diabetes
• Epilepsy
• Serious Infections
• Alzheimer’s Disease
• Arthritis
15
16. What is Protected
• The employee is entitled to be restored to the same or
equivalent position with equivalent benefits, pay, other
terms/conditions of employment
• New position must involve the same or substantially
similar duties and responsibilities, skill requirement,
responsibility and authority
• Attendance based awards must not consider FMLA
based absences
• Company cannot take negative action toward employee,
such as hiring, promotions, or disciplinary action
16
17. FMLA Expansion
On January 28, 2008, George W. Bush signed
into law the National Defense Authorization
Act, creating two new qualifying events:
• Qualified Exigency Leave
• Military Caregiver Leave
17
18. Qualified Exigency Leave
Qualified Exigency Leave - Provides up to 12 workweeks of FMLA
due to a spouse, son, daughter or parent being on covered active
duty or having been notified of an impending call or order to
covered active duty in the armed forces.
Covered Active Duty
• For members of regular component of armed forces (army, navy,
marines, etc.) – duty during deployment to a foreign country
• For members of the reserves – duty during deployment to a
foreign country under a call or order to active duty in a
contingency operation
18
19. Qualified Exigency Leave
Qualifying events as defined by DOL in 2009:
- Short notice deployment - Military Events
- Child Care/School Activities - Financial/Legal Arrangements
- Counseling: rest /recuperation - Post Deployment Activities
Additional activities agreed to by employer and
employee
19
20. Military Caregiver Leave
Provides up to 26 workweeks of unpaid FMLA leave during a
single 12 month period for an eligible employee who is the
spouse, son, daughter, parent or next of kin of a covered
service member with a serious injury or illness.
Under NDAA in 2010, “covered service members” was
expanded to include veterans
20
21. Requesting FMLA
30 day advance notice of need to take FMLA when the
need is foreseeable
If unforeseeable, notice should be provided as soon as
practicable
If employee was absent for an unknown reason and
wants the leave counted toward FMLA, need to provide
timely notice (within 2 business days)
If employee is absent but doesn’t let the employer know
why, employer is under no obligation to protect the
employee’s job
21
22. Employer Responsibilities
To provide written notice designating the leave as
FMLA leave and providing specific expectations and
obligations of the employee
Notice should be provided within one or two
business days after receiving notification of
employee’s request for leave
22
23. Employer Responsibilities
– To provide employee
preliminary designation
letter and medical
certification form
– Employee must be allowed
15 calendar days to obtain
medical certification
– Failure to do so may result in
disciplinary action for
unexcused absences
– HR/Responsible Party will
determine eligibility for
FMLA
23
24. Retroactive Designation of FMLA
An employer may not designate FMLA retroactively
for more than two business days unless:
- The employer doesn’t learn of the need for leave until
after the leave has begun
- The employer doesn’t know the reason for an absence
and is notified by employee within two business days
after returning to work
- The employer made a preliminary designation of FMLA
leave, conditioned upon providing timely medical
certification
24
25. Intermittent Leave
May be taken when medically
necessary to care for a seriously
ill family member or because of
an employee’s serious health
condition
May be taken prior to birth
May be taken to care for a
newborn or newly placed
adopted or foster care child
25
26. Intermittent Leave
• Only the amount of leave
actually taken may be charged
to FMLA
• Cannot require employees to
take more FMLA leave than
necessary. Leave must be
tracked in the shortest period
of time payroll system allows
• If disruptions occur, employee
may be transferred to an
alternative job
26
27. Two Spouses at Same Company ?
Spouses employed by the same employer may be limited to
a combined total of 12 workweeks for the following
reasons:
Birth and care of a child
For the placement of a child for adoption or foster care or to care
for a newly placed child
To care for an employee’s parent
But they may each take 12 workweeks of FMLA for their own
serious health condition.
27
28. Defining the FMLA Timeframe
Employers are required to use one of the following methods:
• The calendar year
• Any fixed 12-month “leave year” (e.g., a fiscal year,
anniversary date)
• The 12-month period measured forward from the date an
employee’s first FMLA leave begins
• A “rolling” 12-month period measured backward from the
date an employee uses any FMLA
28
29. Other FMLA Facts
• Holidays – full workweek of FMLA is used even if some
days are holidays
• If “exempt” employee is on intermittent leave, under
FLSA that employee can be “docked” for any unpaid
leave time
• Some employers require employees to use PTO to cover
some or all of the FMLA leave
29
30. Other FMLA Facts
• Disability leave and Worker’s
Compensation run concurrent with
any FMLA leave
• A company can suggest, but not force
an employee to return to light duty
• If there is a state family or medical
leave law, employee is entitled to the
most generous benefit
30
31. Other FMLA Facts
• If an employee gives notice that they do not intend to
return to work, they lose their entitlement to FMLA
• FMLA makes it unlawful for any employer to interfere
with, restrain or deny the exercise of any right provided ,
or discharge or discriminate against anyone due to
involvement in any proceeding related to FMLA
• Enforced by the Wage & Hour Division of the DOL
31
33. Americans with Disabilities Act 1990
• Bring those who have disabilities of one kind or another
into the mainstream of life
• Adds a new category to the Civil Rights Act of 1964:
Disability
• Amended in 2008 by George W. Bush to broaden the
definition of “disability”
• Enforced by the Equal Employment Opportunity
Commission
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34. What is a disability?
Under the ADA, an individual with a disability is a person
who:
1. Has a physical or mental impairment that substantially
limits one or more major life activities
2. Has a record of such impairment
3. Is regarded as having such an impairment
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35. Who is Covered?
The scope of the ADA’s definition of protected disabilities
extends to persons who:
Have mental disabilities that substantially limit their
relations with others
Have a history of a disability
Are perceived as having a disability, even though the
impairment is not substantially limiting
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36. Who is Covered?
The scope of the ADA’s definition of protected disabilities
extends to persons who:
Are recovering or former drug addicts
Are infected with AIDS or HIV virus
Are able to control their disability through mitigating
measures, such as medication but are still substantially
limited in a major life activity
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37. Who is Covered?
The scope of the ADA’s definition of protected disabilities
extends to persons who:
Temporary impairments may or may not be considered
disabilities under the ADA.
Hidden disabilities – AIDS, HIV, Kidney failure, TB
No definitive list of “disabilities”
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38. What Is Not Covered?
Conditions that are not protected disabilities:
Sexual disorders
Compulsive gambling
Current illegal use of drugs
Environmental, cultural, or economic disadvantages
Stress/depression – may or may not be covered
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39. Definition of Impairment
An impairment is a “disability” only if it
substantially limits one or more major life
activities by
1. Its nature and severity
2. How long it will last or is expected to last
3. Its permanent or long term impact or
expected impact
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40. Major Life Activities
• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Learning
• Caring for oneself
• Working
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41. ADA Amendments Act of 2008
The Act retains the ADA’s basic definition of disability;
however it changes the way that these statutory terms
should be interpreted, most significantly:
1. It directs the EEOC to revise the portion of its regulations defining the
term “substantially limits”
2. Expands the definition of “major life activities” by including two non
exhaustive lists to include 1) reading, bending, communicating and 2)
major bodily functions i.e., immune system, normal cell growth, digestive,
bowel, bladder, neurological, brain, respiratory, etc.
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42. ADA Amendment Act of 2008
3. Clarifies that an impairment that is episodic or in remission is
a disability if it would substantially limit a major life activity
when active.
4. Changes the definition of “regarded as” so that it no longer
requires a showing that the employer perceived the individual
to be substantially limited in a major life activity, and instead
says that an applicant or employee is “regarded as” disabled if
he or she is subject to an action prohibited by the ADA (e.g.
failure to hire or termination) based on an impairment that is
not transitory or minor
5. Provides that individuals covered under the “regarded as”
prong are not entitled to reasonable accommodation.
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43. Who is Qualified?
Individuals with disabilities are protected under ADA
provided they are qualified to perform the essential
functions of the job.
1. Person must meet the legitimate skill, experience,
education, licensing or other requirements for the
position
2. Requiring the ability to perform the “essential
functions” assures that the person will not be
considered unqualified due to inability to perform
marginal/incidental, i.e., “non essential” job functions.
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44. Essential Job Functions
When making this distinction, there are two
considerations:
1. Whether employees in the position actually
are required to perform the function
2. Whether removing the function would
fundamentally change the job
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45. Essential Job Functions
– The position exists to perform the function
– There are a limited number of other employees
available to perform the functions
– A function is highly specialized and the person is
hired for special expertise or ability to perform
– Employee spends most of his/her time performing
the function
– There would be consequences if the function were
not carried out
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46. Reasonable Accommodation
Accommodation means a change to:
• Workplace – ramps, elevators to accommodate
wheelchairs, accessible rest room facilities, parking
spaces
• Work Schedule – allowing time off for treatment,
making up time, unpaid leave, taking breaks,
adjusting start and end times
• Job Structure – Restructuring or redistributing
duties that are not essential functions
• Equipment modifications – raising or lowering a
desk or chair, telephone amplifiers, Braille machine
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47. Reasonable Accommodation
A reasonable accommodation must:
– Be effective – provide an opportunity to achieve the
same level of performance or enjoy the same benefits
or privileges
– Necessary – must be employment related, reducing
barriers to a disabled person’s ability to perform.
A reasonable accommodation may go beyond the ADA’s
requirements
Determining the best way to identify a reasonable
accommodation:
Consult with the person.
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48. Interviewing Individuals with
Disabilities
To have an effective interview,
be aware of “attitudinal
barriers”, have information
about specific disabilities and
understand the
accommodation process.
Some managers may feel
uncomfortable; some may have
negative attitudes towards
people with disabilities.
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49. Attitudes toward the disabled
- Avoid asking questions
necessary to make an
informed decision
- Terminate the interview
prematurely
- Assume potential coworkers
would feel the same
- Conclude the applicant
would not “fit in”
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50. Interviewing Individuals with
Disabilities
Make the interview accessible:
– Accessible location
– A sign interpreter
Etiquette:
– Look directly at applicant
– Speak directly to the applicant
– Don’t assume applicant needs assistance
– Don’t tell applicant you admire his/her courage
– Don’t avoid certain questions for fear of sensitivity
– Ask all questions in a straightforward, matter of fact manner
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51. What Can I ask in the Interview?
– Ask whether the person knows of any reason
he/she cannot perform the essential functions
of the job
– Ask questions about an applicant’s ability to
perform job-related functions
– Describe or demonstrate a job function and ask
all applicants whether they can perform the
function with or without reasonable
accommodations
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52. Performance Issues
If an employee cannot perform the essential
functions of the job, he/she is no longer a
qualified person.
Three components of each employee’s suitability
for employment supervisors should focus on:
CAP = Conduct, Attendance and Performance
If the disabled employee can comply, the person is
qualified.
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53. Key Points for Success
1. Ensure FMLA Posters are displayed
2. Act quickly when you are aware of
a qualifying event
3. Keep accurate attendance records
4. Don’t deny FMLA for an employee
who meets eligibility requirements
5. Don’t ask an employee for doctor’s
notes for intermittent leave. Could
be deemed as harassment
6. Don’t talk to employee’s doctor
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54. Key Points for Success
7. ADA & FMLA are not the
same, but both may be
involved.
8. Some serious health
conditions under FMLA may
be ADA disabilities
9. ADA relates to an
impairment that
“substantially limits one or
more major life activities”.
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55. Next Steps
1. Download this Event at HRLuminary.com
2. View Upcoming Events
• Fair Labor Standards Act
• Patient Protection and Affordable Care Act
3. Check back soon for a recording of this event
4. A brief survey will be sent at the end of the
webinar
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