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Live Webinar

90-minute live streaming program
  • July 30
  • 1:00 - 2:30 pm EST

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OnDemand Webinar
Audio & Reference Manual

Using Medical Experts in Determining Leave Under ADA and FMLA

July 30

Reduce FMLA and ADA abuse and stay in compliance when using medical certifications and second opinions.

Many employers encompassed within the guidelines of the FMLA and ADA do not understand all of their rights and responsibilities with obtaining the required medical certifications accompanying the necessary paperwork of an eligible employee's request for leave. They also do not understand when it is beneficial to obtain medical recertification or employer health care provider second opinions to ensure employee safety on the job and to mitigate the expense of FMLA and ADA abuse in their workplace. This topic helps the persons responsible for handling and processing FMLA and ADA paperwork to understand how to review employee medical certifications to ensure clarity and completeness in the health care provider's documentation of the serious health condition and then to understand and know the proper procedures of when it becomes necessary to seek medical recertification or a second opinion from an employer health care provider. Failing to understand the regulations set forth by the FMLA and ADA as they pertain to medical certifications recertifications and second opinions is one of the most common errors employers make in ensuring compliance with these acts. This information is critical for employers in ensuring the safety of their employees and customers but also to mitigate the rising expenses of FMLA and ADA abuse.

Learning Objectives

- You will be able to describe the necessary steps an employer must take before requesting medical certifications and medical second opinions for compliance under both FMLA and ADA regulations.

- You will be able to discuss the legal trends and recent case decisions in this area of the law.

- You will be able to identify and understand when it is appropriate for an employer to ask for a medical exam to evaluate employees' ability to perform the essential functions of their job.

- You will be able to review employee medical certifications and take necessary steps to ensure the forms are complete and all ambiguities have been clarified.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

FMLA Medical Certifications, Recertifications and Second Opinions
  • When and How to Seek Employer Health Care Provider Second Opinions for FMLA Leave
  • Relevant FMLA Regulations and Case Law Illustrating the Employer's Requirements in Obtaining Medical Certification and Recertification
  • Employer Rights to Seek Employee Recertification of Med Cert for FMLA Leave
Medical Certifications and Fit-For-Duty Evaluations Under the ADA
  • Rights and Responsibilities When Accommodations Are Asked for in the Employment Application Process
  • Mandatory Medical Evaluations When Are They Allowed?
  • Reasonable Accommodations and Undue Hardships
Medical Experts
  • Medical Expert Qualifications When Can You Demand a Specialist?
  • Requiring a Company Doctor or EAP vs. Employee's Choice of Doctor
  • Employee Objections
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AIPB 1.5
     
  • This program is acceptable for 1.5 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. Please note: This program is considered self-paced. There is a 30 PDC maximum for self-paced programs. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.8 hours of continuing professional education.
     

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for human resource and benefits professionals, operations managers, directors, business owners and managers, controllers CFOs, bookkeepers, payroll professionals and attorneys.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Lindsay M. Schafer

Lindsay M. Schafer

Littler Mendelson P.C.

  • Attorney with Littler Mendelson P.C.
  • Represents and counsels clients in all aspects and stages of employment litigation, arbitration and mediation
  • Appears before the Equal Employment Opportunity Commission and Arizona Civil Rights Division, and is experienced in defending against all types of administrative charges
  • J.D. degree, cum laude, University of Arizona College of Law; B.A. degree, with honors, University of Redlands
  • Can be contacted at 602-474-3600 or [email protected]
Cory Glen Walker

Cory Glen Walker

Littler Mendelson P.C.

  • Attorney with Littler Mendelson P.C.
  • Practices in wage and hour and class actions
  • Counsels and represents management clients, in connection with a broad range of employment matters arising under state and federal law
  • Assisted with the authorship and research for an extensive memorandum that addressed the implications of privilege with regard to internal wage and hour audits
  • J.D. degree, cum laude, University of Michigan Law School; B.A. degree, cum laude, Brigham Young University
  • Can be contacted at 602-474-3600 or [email protected]
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Product ID: 403576
Published 2015, 2018
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