Learn to determine when an employee's medical leave should shift from FMLA to ADA and how to avoid abuse issues while remaining compliant.
The FMLA permits eligible employees to take up to 12 weeks of job-protected unpaid time off for their own or an immediate family member has a serious medical condition. This topic will explore the rights and obligations an employer has when an employee is unable to return to work at the conclusion of the 12-week period. The material will also cover the scope of the FMLA, the interaction between the FMLA and other leave time available to employees, the interplay between the FMLA and the Americans with Disabilities Act, and how and when a failure to return from FMLA leave may result in job termination.
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Why Lorman?
Over 35 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
Overview of the FMLA
- Eligibility
- Scope
- Fixed Time and Intermittent Leaves
Preparing for the End of FMLA Leave
- Return-to-Work
- Light Duty Obligations
- Counting the 12 Weeks
Employer Rights and Obligations
- Concurrent Leaves
- Interaction With ADA and State Disability Laws
- Indefinite Leaves
- Requests for Extensions
Legal Pitfalls
- Retaliation Claims
- Adjusting Bonuses and Incentive Pay
- Docking of Exempt Employees
Thoughts on Policies and Precedents
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Why Lorman?
Over 35 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
This course was last revised on November 25, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 35 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
James R. Hays
Sheppard, Mullin, Richter & Hampton LLP
- Partner in the Labor & Employment Practice Group of Sheppard, Mullin, Richter & Hampton LLP
- Practice is national and focuses on management labor and employment law
- Represents clients in employment litigation in federal and state courts, as well as various arbitration forums, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the United States Department of Labor, and state agencies throughout the United States
- Regularly counsels clients on preparation and administration of personnel policies and employment strategies and compliance with WARN, FMLA, ADA, COBRA, and other federal and state labor statutes
- Has been recognized by Super Lawyers as a New York Super Lawyer, 2013-2018
- Regularly publishes and speaks on topics of concern and interest to employers
- J.D. degree, New York Law School; B.A. degree, Catholic University
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Why Lorman?
Over 35 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.
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