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OnDemand Course

Using Medical Experts in Determining Leave Under ADA and FMLA

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

Many employers subject to the FMLA and ADA do not understand all of their rights and responsibilities with respect to obtaining 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 those responsible for handling and processing FMLA and ADA paperwork understand how to review employee medical certifications to ensure clarity and completeness in the health care provider's documentation and know the proper procedures of when it becomes necessary to seek medical recertification or a second opinion. 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.

97 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 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

  • Designating FMLA Leave
  • FMLA Regulations and Case Law Illustrating Employers' Rights and Requirements in Obtaining Medical Certification and Recertification
  • When and How to Seek Second and Third Opinions for FMLA Leave
  • Fitness-For-Duty Certification

ADA Medical Certifications and Fit-For-Duty Evaluations

  • Permitted Medical Examinations and Inquiries
  • Rights and Requirements When Accommodations Are Requested in the Employment Application Process
  • Reasonable Accommodations and Undue Hardships

Medical Experts

  • Medical Expert Qualifications - When Can You Demand a Specialist?
  • Requiring a Company Doctor or EAP vs. the Employee's Choice of Doctor
  • Employee Objections
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Why Lorman?

Over 37 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 9, 2021.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 37 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

Peter E. Hansen

Peter E. Hansen

Amundsen Davis

  • Senior Counsel, SmithAmundsen
  • Defends employers against claims of discrimination and retaliation under the state and federal laws, including the ADA, ADEA, FMLA, FLSA, IHRA, and Title VII
  • Represents clients in all phases of state, federal, and administrative agency litigation and government hearings
  • Works with employers of all sizes in many different industries, including security, construction, health care, and nonprofit
  • Co-author, Illinois Employment Forms-Online Version (available through the Illinois Chamber of Commerce); associate editor, Kane County Bar Briefs Magazine
  • Member of the Illinois State Bar Association, Wisconsin State Bar Association, and Kane County Bar Association
  • J.D. degree, Marquette University Law School
  • Can be contacted at [email protected] or 630-587-7971
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Why Lorman?

Over 37 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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  • OnDemand Courses
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Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408745
Published 2021
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