Mastering Employee Leaves and Accommodations

Slides:

Advertisements

Similar presentations

Family Medical Leave at the University of California Danielle Schulte University of California at San Diego Human Resources (858)

Advertisements

Silvia Quintanilla Department of Human Resources Countywide Family and Medical Leave Coordinator.

A TRAINING WORKSHOP PROVIDED BY THE HUMAN RESOURCES DEPARTMENT

All About the Family and Medical Leave Act # /1203 ©Business & Legal Reports, Inc. Making your job easier!

Leave Management We will introduce you to the tools and resources available to you and give you facts and tips to assist you in the supervisory process.

4/00/ ©2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations The Americans with Disabilities Act (ADA): Part I.

“Bermuda Triangle” ADA, FMLA, and Workers’ Compensation WYOMING ASSOCIATION OF MUNICIPAL CLERKS AND TREASURERS.

WHAT DO YOU DO WHEN???. Reasonable Accommodation Gina Portillo, Reasonable Accommodation Coordinator (510)

© 2004 Texas Southern University1 Texas Southern University Employee Education and Awareness Training Legal Essentials for Supervisors The Family Medical.

Everything You Always Wanted to Know About ADA/FEHA Litigation* *…but were afraid to ask… Steve Morris Office of the County Counsel.

1 LEGAL EXPOSURE REDUCTION County Supervisors’ Role and Responsibilities Under ADA & FEHA For Purposes of Reasonable Accommodation Present by: Steve Morris,

Reasonable Accommodation for Pregnancy in the Workplace Presented by Bruce W. Carter, Staff Counsel Department of Fair Employment and Housing

The Family And Medical Leave Act Of 1993 (FMLA) and The Americans With Disabilities Act Of 1990 (ADA): Implications for Human Resource Management By Angela.

Lisa E. Aguiar, Esq ©2011 Ropers Majeski Kohn & Bentley

Managing Long-Term Leave of Absence Chief Executive Office Risk Management Return To Work Unit.

Workers’ Compensation Training for Supervisors [Presenter’s Name] 2008.

© 2008 Fox Rothschild Intermittent Leaves How to Calculate, Administer, and Handle These Tricky Absences—And Keep Your Employees From Taking Advantage.

© Williams Mullen 2010 Managing Leave Under the FMLA Presented by Kimberly D. Bartman.

YOUR LOGO The Bermuda Triangle of Managing Employee Illness or Injury The ADA and Worker’s Compensation The FMLA Meyer Capel, A Professional Corporation.

ADA and FMLA in the Staffing Industry

Establishing a Return-To-Work Program Complying with Statutes, Laws and Rules on Return to Work.

Interplay between the FMLA, ADA, and Workers’ Compensation Thomas Jovanovich & Lori Athmann &

(A Holistic Approach to Dealing With the Injured Employee) Presented by: Robin Merriweather Commander, Navy Region Southwest San Diego August 2003 Medical.

Health Care Workers and the Law August 1, 2002 Clara Sue Ross, MD, JD

Best Practices for Accommodating Employees with Disabilities Joyce Walker-Jones Equal Employment Opportunity Commission Office of Legal Counsel.

Silvia Quintanilla Department of Human Resources Countywide Family and Medical Leave Coordinator.

Employment Law Hot Topics in the Health Care Setting.

Jonathan Delman Transitions RTC University of Massachusetts Medical School 1.

Michigan Association of School Personnel Administrators December 3, 2008 Disabilities Management – Integrating FMLA, ADA and Workers’ Compensation Melvin.

Copyright© 2010 WeComply, Inc. All rights reserved. 10/11/2015 Family and Medical Leave Act (FMLA)

1 FMLA BASICS. 2 Purpose of the FMLA Balance work and family life Provide job security Provide benefits protection.

Solving the Puzzle Disability and Family Leave, ADA, Workers Compensation When Employees Are Out of Work: Solving the Puzzle Disability and Family Leave,

REASONABLE ACCOMMODATIONS IN THE WORKPLACE. What is a Workplace Accommodation? A workplace accommodation can be made available so an individual with a.

Title I  Prohibits discrimination against “qualified individual with a disability”  May require employer to provide “reasonable accommodations”

County of Los Angeles Office of Affirmative Action Compliance Presents EMPLOYMENT GUIDELINES FOR THE REASONABLE ACCOMMODATION PROCESS Dennis A. Tafoya,

INDIVIDUALS WITH PSYCHIATRIC DISABILITIES Chris Kuczynski Assistant Legal Counsel ADA Policy Division.

Presented By: Leighton Davis Henderson FMLA, CFRA, and PDL: Interactions and Updates Disability Management Employer Coalition (DMEC) October 2015 Chapter.

Family and Medical Leave Law Regina W. Romeo, M.P.A., H.R.M. Countywide Family and Medical Leave Coordinator.

© BLR ® —Business & Legal Resources 1410 How to Manage Military Leave.

HOW FMLA, ADA AND WORKERS’ COMPENSATION LAWS WORK TOGETHER Presented by Steven J. Luckner, Esq. March 5, 2014.

Puiggari & Associated 2016 (505)  Americans With Disabilities Act ◦ Requires Interactive Process  When employee may need accommodation  Employee.

Managing Long-Term Leave of Absence Chief Executive Office Risk Management Return To Work Unit.

© BLR ® —Business & Legal Resources 1303 Understanding the Interplay Between FMLA and ADA.

Human Resources Intersecting Leave – ADA, Workers’ Comp, FMLA PRESENTED BY DONNA GABEL Human Resources Manager Alexander City Housing Authority.

Legal Literacy for Supervisors Risk Research Bulletin, January 2008.

Human Resources COBRA & Coordination with Other Federal Law Benefits PRESENTED BY DONNA GABEL Human Resources Manager Alexander City Housing Authority.

MANAGING OPIOID ADDICTION IN THE WORKPLACE Valerie C. Samuels, Esquire Posternak Blankstein & Lund LLP Prudential Tower 800 Boylston Street Boston, MA.

HIPAA Privacy Rule Training

Introduction The Bermuda Triangle, also known as the three headed monster, refers to the interplay of the three major employment laws -- the Americans.

Leaves From Work for Injuries and Other Medical Conditions

FMLA 101 (Interplay with FMLA, ADAAA, & Worker’s Compensation)

BEST PRACTICES IN FMLA & ADA MANAGEMENT

Interplay of the ADA, FMLA, and Workers’ Compensation Training for Supervisors •

AMERICANS WITH DISABILITIES ACT

Agenda Introduction. What is a Reasonable Accommodation?

Discrimination.

Now What??? Stefanie Walker HR Consultant

Family & Medical Leave Act (FMLA) Overview

The Family And Medical Leave Act (FMLA) 1993

School law issues – workers’ compensation

Workers’ Compensation, Family Medical Leave, And The Americans With Disability Act: You May Have Heard of These Laws, But How Do They Apply To You! Presented.

Duty 5 – Ethics and Legal Responsibilities

Duty 5 – Ethics and Legal Responsibilities

Age Discrimination in Employment Act

Workers’ Compensation, Family Medical Leave, And The Americans With Disability Act: You May Have Heard of These Laws, But How Do They Apply To You! Presented.

EMPLOYMENT, WORKER PROTECTION, AND IMMIGRATION LAWS

Interplay of the ADA, FMLA and Worker’s Compensation

Leave of Absence Best Practices

THE INTERSECTION OF FMLA AND ADA

Leave Administration Services

Presentation transcript:

Mastering Employee Leaves and Accommodations Presented by: Chastin H. Pierman, Esq. cpierman@mycharterlaw.com Roger Scott, Esq. rscott@mycharterlaw.com

Workers’ Compensation Various Leave Laws CFRA FMLA PDL ADA/ FEHA Workers’ Compensation

Various Leave Laws (cont’d) CFRA FMLA PDL ADA/FEHA Workers’ Compensation

Family and Medical Leave Act (FMLA) Purpose of Leave Eligibility for Leave Notice Requirements Medical Certification Requirement; Ongoing Pay During Leave Obligation to Continue Health Benefits Right to Reinstatement

California Family Rights Act (CFRA) Same Purposes as FMLA; Often Associated with Baby-Bonding New Eligibility Requirements Pay During Leave Obligation to Continue Health Benefits Right to Reinstatement

Pregnancy Disability Leave (PDL) Purpose of Leave Eligibility for Leave Notice Requirements Medical Certification Requirement Pay During Leave Obligation to Continue Health Benefits Right to Reinstatement

Leave Interactions

Americans With Disabilities Act (ADA)/Fair Employment and Housing Act (FEHA) Overview Both Federal and State Law Govern 2 Key Legal Duties: To Interact in Good Faith; and To Provide Reasonable Accommodations to Qualified Individual(s) Leave May be a Reasonable Accommodation

ADA/FEHA Basics Disabilities Defined What is Not a Disability Determine Whether Individual is “Qualified” Define Essential Job Functions in Job Description

ADA/FEHA Interactive Process Interactive Process Tips: Do Not Say No Until You “Interact” In Good Faith Ask Employee Questions about Possible Alternatives Obtain Documentation of the Disability from Health Care Provider Document the Process Consider Use of Occupational Experts (e.g., Ergonomic Assessment) Hold Face-to-Face Meetings, If Possible

ADA/FEHA Reasonable Accommodations Examples of Reasonable Accommodations Obligation is Ongoing When Can the Employer Deny Requests for Accommodation? Not Reasonable Undue Hardship Fundamental Alteration of Essential Functions Direct Threat to Health and Safety

Workers’ Compensation Covers Workplace-Related Illness/Injuries; Exclusive Remedy for Employee Provide Claim Form (DWC-1) Notify Carrier Immediately Designate Leave as FMLA/CFRA Continue Health Benefits Returning Employee to Work Depends on Medical Certification Accommodations, Including Alternative Position

Consequences for Violating Leave Laws Administrative Proceedings Penalties Lawsuits Granting Agency Inquiries Employee Morale Intestinal Distress

14

QUESTIONS AND RESPONSES THANKS FOR ATTENDING TODAY