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Defending and Pursuing Mental Health Claims Under FMLA and ADA

Learn to effectively handle claims made under FMLA and ADA.

FMLA and ADA claims can be especially problematic when the claims are focused on mental illness. The FMLA is a federal law that allows qualifying employees to take up to 12 weeks of unpaid leave because of a serious health condition. The ADA is a federal law that provides protections to employees with disabilities by directing employers to provide reasonable accommodations in certain circumstances. This topic will address these issues by providing an overview of the flawed nature of diagnostic standards for mental illness, and the obstacles to credibility that are consequently created for FMLA and ADA claims; by providing an introduction to the standard method for disability evaluation, and the obstacles that the method creates for ADA claims of mental illness; by explaining how the FMLA and ADA operate and how employers should handle mental health claims so as to ensure compliance with these laws; and by providing real-world examples of how employers have correctly, and incorrectly, handled mental health claims under these laws. From this information, you will gain valuable insight into how to handle such claims, and defend against relevant lawsuits.

Runtime: 88 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

Diagnosis of Mental Illness and Obstacles With the FMLA and ADA

  • Current Diagnostic U.S. System for Mental Health Inadequate for Legal Purposes
  • No Methodology for Diagnostic System for Mental Illness Internationally
  • Scientifically Credible Approaches to Diagnosis Are Available but Rarely Used

Disability Evaluation and the Obstacles With ADA Claims of Mental Illness

  • Seven Specific Steps of Standard Method for the Evaluation of Vocational Disability
  • Limited to Objectively Verifiable Limitations or Risks
  • Matter of Tolerance Rather Than Limitations or Risks

Introduction to the FMLA and ADA

  • What Each Law Provides and Employer Compliance
  • Who Is Governed and Covered by the FMLA
  • Definition of a Serious Health Condition Under the FMLA
  • How to Handle FMLA Claims
  • Who Is Governed and Covered by the ADA
  • Definition of a Disability, Reasonable Accommodations, and Undue Hardship
  • How to Handle ADA Claims

Case and Real-World Examples of How Mental Health Claims Should Be Treated Under the FMLA and ADA

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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 May 28, 2020.

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

  • 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 1.0
     
  • 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 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MN CLE 1.25
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • NH MCLE 1.5
     
  • 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: 88 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 1.0
     
  • 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 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.47
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.47 hours of credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • 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 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 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.
     
  • NALA 1.47
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.47 hour(s).
     

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.

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

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.0
     
  • HI CLE 1.25
     
  • ME CLE 1.0
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • UT 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

Robert J. Barth, Ph.D.

Robert J. Barth, Ph.D.

Barth NeuroScience

  • Practices, writes and teaches in the following areas, as well as others, pain (e.g. chronic pain, neuropathic pain, complex regional pain syndrome - the concept that replaced reflex sympathetic dystrophy, headache, back pain, etc.); brain injury/brain impairment; mental illness (e.g., Posttraumatic Stress Disorder, depression, substance abuse/dependence, etc.); causation of health problems; work ability (in the context of health problems); and impairment rating
  • Dr. Barth has been asked to provide faculty, writing, editorial review and governance duties for many organizations, governmental agencies and health care publishers
Charles W. Gilbreath

Charles W. Gilbreath

Chambliss, Bahner & Stophel

  • Employment litigator who counsels employers of all types and sizes on a broad spectrum of matters ranging from workers’ compensation to employee leave to harassment and discrimination investigations
  • Regularly appears before state, federal and administrative courts, representing and defending clients facing compliance issues related to the Family and Medical Leave Act, the Fair Labor Standards Act, and the Americans with Disabilities Act, as well as Title VII matters related to gender and sexual-orientation
  • Advises clients on wrongful discharge, retaliation, and hiring and discipline matters, most recently involving legal drug use
  • Proactively works with employers to update policies and handbooks to address today’s evolving workplace
  • Takes a pragmatic approach to client service by listening to his clients’ concerns and what they want to accomplish, and explains the risks associated with various courses of action
  • Works with a diverse clientele from a number of different industries and strives always to achieve the best result for his client, whether that means an early settlement that reduces costs and public relations issues or going through a lengthy trial
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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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • State Specific Credit Tracker
  • Members Only Newsletter
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* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 407295
Published 2020
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