Live Webinar

65-minute live streaming program
  • May 2
  • 1:00 - 2:05 pm EST

Also available as:

OnDemand Course

Preventing and Defending Mental Health FMLA and ADA Claims

May 2

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 confronts 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 oftentimes convoluted factual settings. There are new complexities to telework as a reasonable accommodation after the COVID-required remote work experience. This program will provide the tools for employers to assure they have the necessary policies and guidance to address 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.

Learning Objectives

  • You will be able to identify employee mental health issues that trigger FMLA and ADA rights for the employee and employer obligations.
  • You will be able to describe how to assure the employer has the necessary policies in place and the knowledge to apply the policies properly to difficult factual settings.
  • You will be able to discuss how to navigate situations involving rights and obligations under both FMLA and ADA where workers’ compensation and local leave laws may also complicate the situation.
  • You will be able to explain how to take appropriate proactive steps to have a workplace where potential exposure to claims of FMLA and ADA missteps and violations is minimized.

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Why Lorman?

Over 36 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
  • Telework as a Reasonable Accommodation After the Covid-Required Remote Work Experience
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 36 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

Live Webinar Registration

  • ASA 1.0
     
  • This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected] Please retain proof of attendance in the event your CE record is audited.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • MN CLE 1.0 (Pending)
     
  • This program has been submitted to the Minnesota Board of Continuing Legal Education. Approval pending.
     
  • NH MCLE 1.0
     
  • 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: 60 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • HR Certification Institute 1.0
     
  • This program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.0
     
  • 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 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
     

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

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.

  • 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.

Who should attend?

This live webinar is designed for human resource managers, personnel managers, presidents, vice presidents, business owners and managers, benefits and payroll professionals, and attorneys.

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Why Lorman?

Over 36 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.

  • Senior Partner in the 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 the 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, and Washington, D.C. and Baltimore 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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Over 36 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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Product ID: 410581
Published 2020, 2023
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