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Monitoring the Overlap Between FMLA, ADA and Workers' Compensation

Understand your company's obligations under the FMLA, ADA, and other leave protection laws and how these laws may overlap.

The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and state workers' compensation statutes all protect employees who need to take time off from work because of medical, disability, or family issues. These laws intersect and overlap, and in some cases, all three may protect an employee. Disciplining or discharging an employee who is on leave or recently returned from absence is fraught with litigation risks. Courts scrutinize the timing of filed claims, and employers must have documentation supporting the action. This topic will prepare you to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The material will outline an employer's obligations under the FMLA, ADA, and other leave protection laws, and best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.

Runtime: 80 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

How Can Employers Respond to Common Types of Employee Leave Abuse Without Violating the Law?

How Can Employers Ensure Compliance in Situations Where They Must Navigate Multiple Laws Regulating Employee Leave?

How Can Employers Approach Disciplining an Employee Claiming Entitlement to Leave, Special ADA Consideration, or Workers' Compensation?

What Are the Best Practices to Implement to Avoid Retaliation/Discrimination Claims Under the FMLA, ADA, or Workers' Compensation?

When Is It Permissible to Terminate an Employee on FMLA Leave?

How Do Courts Evaluate Timing Issues in Retaliation Cases?

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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 Webinar

This course was last revised on April 29, 2020.

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

  • ASA 1.25
     
  • This program qualifies for 1.25 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • HR Certification Institute 1.25
     
  • This E-Learning program has been approved for 1.25 (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 1.25
     
  • 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 1.25 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.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

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

Stephanie K. Rawitt

Stephanie K. Rawitt

Clark Hill PLC

  • Member at Clark Hill PLC
  • Provides legal services and advice on employment matters to a variety of clients including hospitals, medical practices, retirement communities, assisted living facilities, home health care companies, public entities, nonprofit organizations, private businesses, colleges, universities, and corporations
  • She works specifically with human resources departments to create, manage, and maintain the most current employment policies and procedures, ensuring that companies are in compliance with ever-changing federal, state, and local laws
  • Counsels employers on issues concerning statutory compliance with employment laws, such as the ADA, Title VII, the ADEA, FLSA, FMLA, Form I-9 compliance, and state wage laws
  • As part of her advisory service, she offers training programs on a full range of employment matters, as well as assistance to personnel management on a variety of workplace issues
  • Counsels employers through workplace investigations in both a state and federal capacity for various administrative agencies, such as the EEOC and PHRC
  • Has significant experience in handling employment-related liability matters, including wage and hour claims, wrongful termination, grievance claims, discrimination, sexual harassment, federal civil rights claims, federal and state statutory claims (Title VII, FMLA, ADA, ADEA, FLSA, PHRA), and related tort claims
  • J.D. degree, Northeastern University School of Law; B.A. degree, cum laude, Syracuse University
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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: 407497
Published 2020
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