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OnDemand Course

Preventing and Defending Mental Health FMLA and ADA Claims

Learn how to determine if a mental health condition constitutes a serious health condition under FMLA and/or a disability under the ADA.

The rapid rise of mental health issues from employees and applicants now confront employers with a variety of complex FMLA and ADA issues and potential claims. Increasing diagnoses of anxiety, depression, post-traumatic stress disorder, seasonal affective disorder, bipolar disorder, and similar disorders pose many challenges for employers trying to navigate the often-turbulent waters of the FMLA and ADA. Determining when a mental health condition constitutes a serious health condition under FMLA and/or a disability under the ADA is often neither obvious nor instinctive. Knowing how to identify a covered condition is, of course, only the starting point. Next, employers need to be sure they have the right FMLA and ADA policies in place. Then there is the critical point at which the employer's policies must be applied to often times convoluted factual settings. This topic will provide the tools for employers to assure they have the necessary policies and guidance on addressing their significant FMLA and ADA obligations while not unduly affecting productivity and placing unwarranted and unfair burdens on those who work with an employee with FMLA- and/or ADA-covered mental health issues. In so doing, employers will have the ability to avoid or successfully defend mental health-based FMLA and ADA claims.

100 minutes
Course Exam
Certificate of Completion
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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

What Mental Health Claims Are Covered by FMLA and ADA?

  • What Mental Health Claims Trigger FMLA Rights?
  • Key FMLA Definitions and Rules
  • What Employer FMLA Policies Are Needed to Properly Address Mental Health Issues Raised by Employees?
  • What Mental Health Claims Are Covered by ADA?
  • Key ADA Definitions and Rules
  • What Employer ADA Policies Are Needed to Properly Address Mental Health Issues Raised by Employees

Successfully Addressing the Toughest FMLA and ADA Issues

  • Managing Chronic or Recurring Mental Health Issues Under FMLA and ADA
  • Controlling the Intermittent FMLA Leave Situation
  • Addressing the FMLA Alternate Position Quagmire
  • Properly Managing the ADA Interactive Process in the Difficult Mental Health Case
  • Properly Construing ADA, FMLA and Local Leave Law Issues Posed by Employee Mental Health Conditions

Preventing Interference and Retaliation Claims

  • Understanding the Rapid Growth in FMLA and ADA Retaliation Claims
  • Addressing Performance Issues Arising Shortly Before or Only Discovered During FMLA or ADA Leave for Mental Health Conditions
  • Navigating the Job Restoration Process and What Documentation Can Be Required From the Employee Before a Return to Work Under the FMLA and ADA
  • The Key Role of Supervisors in Preventing FMLA and ADA Mental Health Claims and Avoiding Potential Individual and Employer Liability
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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

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 April 14, 2020.

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

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • 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.
     
  • WA CLE 1.75
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.75 hours of A/V credit under the Law & Legal Procedure category.
     

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 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

Frank C. Morris, Jr.

Frank C. Morris, Jr.

Epstein Becker & Green, P.C.

  • Chair, employment law practice in Washington, D.C., and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
  • Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits
  • Adjunct professor at the George Washington University Law School
  • Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers list and in Washington, D.C. and Baltimore‚Äôs Top-Rated Lawyers
  • Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
  • Can be contacted at [email protected]
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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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Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
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  • 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: 407240
Published 2020
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