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Understanding the Interplay Between the ADA and FMLA New Class

 

What is the Americans with Disabilities Act? The Family and Medical Leave Act? And how to they relate? Join us for this day-long seminar to get thorough answers to all of your questions, and prepare for working with the FMLA and ADA in your workplace.   The program will afford a comprehensive review of the requirements of both the ADA and the FMLA, and the relationship between the requirements of the two laws. 

This class has been approved for 7 general credit hours toward PHR, SPHR and GPHR recertification.

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FMLA

We will explore the circumstances requiring FMLA leave, provide a better understanding of what constitutes a serious health condition, review the documentation and notice requirements for both employers and employees, and discuss helpful tips in addressing intermittent leaves, and FMLA abuse – all by way of an examination of the applicable regulations, and pertinent and recent caselaw.

ADA

Under the ADA, as amended, we will start with the nuts and bolts of determining what constitutes a disability, and the types of claims individuals may assert.  We will explore all aspects of the reasonable accommodation, from the trigger of the duty to accommodate, through the interactive process, and a determination of what accommodation, if any, is appropriate. 

Interplay

What happens if an employee is unable to return to work after exhausting leave under the FMLA?  What if the employee suffers from an ADA covered disability?  When, if at all, does the duty to reasonably accommodate cease?  How is the definition of a serious health condition different from a disability?  Is an employer obligated to provide leave (intermittent or continuous) following the exhaustion of FMLA?  We will compare the requirements of the ADA and FMLA, and provide you with the tools you need to ensure compliance with both when addressing employee leaves of absence.

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Who Should Attend

HR practitioners who work with the ADA and FMLA, as well as those new to the topic

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Course Outline/Topics

1.  Overview

2.  The Americans with Disabilities Act

a.  The ADA and ADA Amendments Act

i.  Disability

1.  Major Life Activity

2.  Substantial Limitations

3.  Mitigating Measures

4.  Reasonable Accommodation

5.  Undue Burden

ii.  Record of Disability

iii.  Regarded As Disabled

b.  Disabilities under the ADA

i.  HIV

ii.  Cancer

iii.  Obesity

iv.  Blindness

v.  Substance Abuse

vi.  Others

c.  Other Considerations

i.  Confidentiality

ii.  Direct Threat

iii.  Prohibited Medical Inquiries

1.  Medical Examinations

2.  Pre-Employment Testing

iv.  Association

v.  Retaliation or Coercion

3.  The Family and Medical Leave Act

a.  Eligibility

i.  Serious Health Condition

1.  Inpatient Care

2.  Continuing Treatment

ii.  Birth or Adoption/Foster Care

iii.  Servicemember Care

iv.  Leave for Qualifying Exigencies

b.  Leave Entitlement

i.  Continuous Leave

ii.  Intermittent Leave

1.  Scheduling Intermittent Leave

2.  Transfer to Alternative Position

iii.  Substitution of Paid Leave

iv.  Maintenance of Benefits

c.  Documentation

i.  Employer notice requirements

ii.  Employee notice requirements

1.  Call in policies

2.  Absenteeism

iii.  Medical Certification

1.  Authentication/Clarification

2.  Recertification

iv.  Fitness for Duty Certification

d.  Reinstatement Rights

e.  Key Employees

f.  Recordkeeping

4.  Overlap Between ADA and FMLA

a.  Serious Health Condition and Disability

b.  Medical Certifications, Inquiries and Confidentiality

c.  Leave Requirements

d.  Intermittent/Occasional Leave

e.  Reinstatement Rights

f.  Health Insurance

g.  Other Considerations

i.  Family Member Care

ii.  Pregnancy, Childbirth and Related Conditions

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This program can be applied toward the:

  Sessions  
Tue., Oct. 7
8:30am-4:00pm
Location: UWM School of Continuing Education (Click link for directions)
Instructor: Jason C. Kim, Partner, Neal, Gerber, & Eisenberg
$345: Register by Tue., Sept. 23
$395: Register on or after Wed., Sept. 24 Discount Available
CEUs: 0.7
Program No. 5040-7307
Register Now
 
Thu., Apr. 30, 2015
8:30am-4pm
Location: UWM School of Continuing Education (Click link for directions)
Instructor: Jason C. Kim, Partner, Neal, Gerber, & Eisenberg
$345: Register by Thu., Apr. 16, 2015
$395: Register on or after Fri., Apr. 17, 2015 Discount Available
CEUs: 0.7
Program No. 5040-7716
Register Now
 
For more information, contact:
Mary Piwaron, Associate Outreach Specialist, mgv@uwm.edu, 227-3216
 

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