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The Intersection Between FMLA and ADA: Managing Employee Leaves of Absence/Interactions Between the Statutes

Learn practical tips on how to handle special leave of absence situations.

There are many laws and rules that govern what happens when an employee takes a leave, or seems to be in need of taking such a leave. The federal Family and Medical Leave Act of 1993 is the bible for any employer when considering its obligations and an employee's rights in leave scenarios, but other statutes must also be considered. What happens when an on-the-job injury is involved? What happens when the leave is triggered by a disability unrelated to the workplace (e.g. heart attack)? Employees may also be entitled to leave or a continuation of a leave as a reasonable accommodation under the Americans With Disabilities Act. There is an interface/interplay between the ADA and these various leave statutes that employers must also contemplate when considering an employee leave situation. There may also be contractual or quasi-contractual leave entitlements for employees, as may be set forth in an employee handbook. State laws also need to be considered. These laws may provide for greater rights for employees. As a general rule, whichever law is stricter (for the employer) is the one that must be complied with. Learn the basic principles informing and applying to leave scenarios under these various laws and their interconnections to each other. Learn when an employer must give a leave, when it has the discretion to properly deny a leave or its continuation and how employers can be found to have violated these laws, unintentionally, exposing themselves to considerable financial liability and damages. Maybe an employer does not need to know all the legal nuances involved in these matters, but this information will teach the art of recognizing when such issues (and possible exposures) may be present and how they can be rectified before real trouble arises. Analyze problem areas and receive proactive, strategic protocols and policies to address these issues.

Runtime: 88 minutes
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Why Lorman?

Over 32 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

Managing Absences

Family and Medical Leave Act (FMLA)

  • Coverage of Employers
  • Eligibility of Employees
  • Right to Leave
  • Serious Health Conditions
  • Leave Designation

Workers' Compensation

  • Eligibility Requirements
  • Employee Rights

Light Duty

  • Employer's Light Duty Obligation

Americans With Disabilities Act (ADA)

  • Eligibility of Employees
  • Physical and Mental Impairment
  • Reasonable Accommodation and Interactive Process
  • Undue Hardship

Benefits Implementation

Duties Under the Law

Interaction of FMLA and ADA

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Why Lorman?

Over 32 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 October 10, 2019.

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]
     
  • 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.
     

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

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT 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.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT 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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More Program Information

Why Lorman?

Over 32 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

Mark E. Tabakman, Esq.

Mark E. Tabakman, Esq.

Fox Rothschild LLP

  • Labor and employment partner in the Princeton office of Fox Rothschild LLP
  • Represents clients before National Labor Relations Board, responds to union organizing drives, defended numerous arbitrations, discipline/contract interpretation
  • Handles/responds to strikes, picketing situations
  • Practice emphasizes all aspects of wage and hour law, including the representation of more than 200 clients before the United States and many state Departments of Labor on misclassification, white collar exemptions, independent contractor, working time, construction industry, Davis Bacon, prevailing wage cases and other issues
  • Frequent guest speaker on wage hour and employment law issues and has appeared on local and national television programs commenting on these matters; wrote a weekly column on labor and employment issues titled "Making the Law Work"
  • Advises clients on FMLA/ADA issues, defends/litigates FMLA and ADA cases in federal and state court
  • Included in the list of New Jersey Super Lawyers in the field of labor and employment, 2013-2016; and in Super Lawyers business edition in the area of employment and labor law, 2013
  • J.D. degree, Rutgers University School of Law; B.S. degree, Cornell University
  • Can be contacted at 973-994-7554, [email protected] or Twitter® @njwagelaw
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Why Lorman?

Over 32 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: 406360
Published 2019
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