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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.

Runtime: 100 minutes
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Why Lorman?

Over 33 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 33 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, 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.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.7
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.7 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 Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. 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, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • 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).
     
  • 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.
     
  • ND CLE 1.75
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.75 hours of CLE credit.
     
  • NH MCLE 1.7
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 99 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.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • 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.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • 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. For more information about certification or recertification, please visit www.shrmcertification.org.
     

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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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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Why Lorman?

Over 33 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 33 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: 407240
Published 2020
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