The Latest Developments in FMLA and ADA - Webinar By TrainHR
This presentation will address some of the sources of confusion and conflict between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and update attendees on the latest ADA regulations, a vague new Texas privacy law that is extraterritorial in nature and court cases related to FMLA and ADA.
- (1888PressRelease) January 18, 2012 - Employers with 15 or more employees must comply with the ADA and employers with 50 or more employees must comply with both the ADA and FMLA. One reason for the seeming conflict between the two laws is their different purposes: The ADA is intended to give people with disabilities the right to work, while the FMLA is intended to give people the right to take time off from work due to a variety of reasons.
The two laws have differing standards and do not use common definitions. For example, under the ADA, an employer may not have to employ someone if they constitute a "direct threat" to themselves or others. Under the FMLA, an employer may require a fitness-for-duty certification if "reasonable safety concerns" exist. Regulations and courts have failed to create a bright line defining the differences in these standards. The ADA Amendments Act (ADAAA) redefines disability to include many more people than before. This presentation will provide an action plan for dealing with the new law and regulations.
The presentation will review the final regulations under the ADAAA. We will also review what constitutes an impairment under the new regulations and the new rules regarding mitigating measures. The ADAAA portion of the presentation will conclude with a concise action plan for compliance.
Why you should attend: The requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are often confusing and conflicting. The ADA Amendments Act will greatly expand the number of people protected by this law, making it more important than ever for employers to be aware of and comply with the ADA's requirements. Regulations issued under this new law provide new rules of construction to determine if an impairment is substantially limiting. These regulations also provide new rules regarding mitigating measures and clarify the duty to accommodate. Furthermore, the Equal Employment Opportunity Commission (EEOC) has gotten a very large settlement against an employer who had an inflexible leave policy, typical of those that used to be standard practice for many employers. To make matters worse, the EEOC has failed to take a position with regard to the ADA and wellness programs, which means that wellness programs designed to comply with the requirements under the Health Insurance Portability and Accountability Act and the Patient Protection and Affordable Care Act (health care reform) may violate the ADA. Meanwhile, intermittent leave under FMLA remains one of the most vexing issues faced by human resource professionals. Courts continue to make decisions that give new interpretations to the ADA, FMLA and related laws. For example, one court found that an unreasonable delay in processing an appeal constituted a failure to comply with the ADA. To compound the problems faced by employers, states continue to pass vague new laws, some of which claim to apply nationwide.
Areas Covered in the Session:
Introduction: Conflicts Between ADA and FMLA
ADAAA Regulations
Types of Disabilities
Actual Disability
Record of Disability
Regarded as Having a Disability
Duty to Accommodate
Impairments
Mitigating Measures
Action Plan
EEOC Settlement
ADA Court Cases
FMLA Court Cases
Texas Privacy Law
Who Will Benefit:
Human Resource Professionals
VP of Human Resources
Director of Human Resources
Manager of Human Resources
Human Resources Specialist
Return-to-Work Coordinators
Disability Managers
Benefit Managers
Wednesday, January 18, 2012
10:00 AM PST | 01:00 PM EST
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