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When Stress/Depression Causes You Legal Concerns: FMLA, ADA, and Workers' Compensation

Duration:
90 Minutes
Access:
6 months
Webinar Id:
700402
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Recorded Version

$195. One Participant

Recorded Version: Unlimited viewing for 6 months ( Access information will be emailed 24 hours after the completion of live webinar)

"The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."

"This program, has been approved for 1.5 (General ) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. Please be sure to note the program ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org."

Overview:Unlike physical disabilities, mental disabilities are difficult to diagnose. Many times, mental disabilities are diagnosed after symptoms continue and physical causes are eliminated. A diagnosis is based on the patient's description of symptoms. Unfortunately, some employees know how to abuse the fact that symptoms can be "faked" when these conditions are all too real to others.

Most employers are not physicians (and those who are shouldn't be treating their employees). What are the employer's obligations calls you one morning and says, "I'm too stressed to come to work today," and this happens for several days? Does this qualify for FMLA? Do you ask for a medical certification? What if the employee comes to you and says that his/her supervisor is so mean and hateful that he/she just can't handle the stress and that s/he is depressed "all the time" because of the "harassment." Can this depression become disabling to qualify for ADA treatment? How do you handle employees who have already been diagnosed with one of these conditions when you hire them or get a diagnosis of one of the conditions after becoming employed even if the employee doesn't attribute it to work?

Why should you attend: We all feel stressed and depressed from time to time. Most of the time the stress and the depression is short lived, and we go about our daily lives with little or no fanfare. But when does that stress or depression become a medical issue that a medical professional says that an employee cannot perform the essential functions of his/her job. What happens if the doctor says that the employee's job or supervisor was the triggering factor of the stress or depression? Could this be a workers' compensation situation? When does depression become major depression or bipolar disorder such as to qualify as a disability under the Americans with Disabilities Act? How can you tell? The conditions are not ones that you can eye ball but there are symptoms. These symptoms do not always, however, mean that the individual may have one of these conditions, and the employer is not a medical professional (unless you happen you be both a medical professional and a doctor).

Areas Covered in the Session:
  • Is there a difference between stress and depression?
  • Can everyday stress and depression become debilitating?
  • Can an employee qualify for FMLA leave when the employee feels that his/her job is "too stressful"?
  • What is the difference between depression and "major depression"?
  • Does the ADA consider there a depression a disability? What about "major depression"?
  • What is bipolar disorder? Why is there a rise in the diagnosis of bipolar disorder?
  • How are the EEOC and the courts treating bipolar disorder within the meaning of the ADA?
  • What is borderline personality disorder?
  • How are the EEOC and the courts treating borderline personality disorder?
  • What is post-traumatic stress disorder?
  • When do any of these conditions, if ever, qualify for workers' compensation benefits?
  • Can you require an employee to seek medical treatment if you feel that the employee is demonstrating behavior that is threatening or dangerous to others?
  • When can you request an employee to seek treatment through the EAP?
  • Can you require an employee to stay on his/her medication? What are your rights if the employee fails to take his/her medication?

Who Will Benefit:
  • Human Resource Managers
  • Benefits Specialists
  • Payroll Personnel
  • Managers
  • Supervisors
Instructor:

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.


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