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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 work because of medical, disability, or family issues. These laws intersect and overlap; in some cases, all three may protect an employee. Disciplining or discharging an employee 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 the best practices for documenting performance issues, disciplinary actions, and avoiding retaliation claims.

65 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

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 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, 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 October 14, 2022.

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

  • 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.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • 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 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.1 credit hours.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.1
     
  • 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: 65 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.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • 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.
     
  • TN CLE 1.07
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.07 hours of credit.
     
  • VA CLE 1.0
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • 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 E-Learning 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.
     

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.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

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

MP3 Download

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

Stephanie K. Rawitt

Stephanie K. Rawitt

Stephanie K. Rawitt, Attorney at Law

  • •Senior Claims Specialist at Markel Insurance
  • •Responsible for handling management liability claims for select client accounts from initiation of the claims through to their conclusion. Analyzes coverage issues, investigates claims, and facilitates settlement and resolution of the claims.
  • •Worked as employment counsel for 25 years where she provided 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.
  • •Worked specifically with human resources departments to create, manage, and maintain the most current employment policies and procedures.
  • •Counseled 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.
  • •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.
  • •Based upon her extensive experience, she offers training programs on a full range of employment matters.
  • •J.D. degree, Northeastern University School of Law; B.A. degree, cum laude, Syracuse University
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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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Product ID: 410102
Published 2022
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