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Working Through the Interplay of the ADAAA/FMLA/GINA/COBRA/PDA/Workers' Comp

Duration:
90 Minutes
Access:
6 months
Webinar Id:
700516
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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: The ADAAA relaxed the standards of who is qualified as "disabled" under the ADA. This relaxation has required employers to offer such things as light duty positions when the employer would not have been required to do before the amendments. The ADAAA also addresses when pregnancy complications may be considered disabilities. Of course, the FMLA/ADAAA have always interacted but with the relaxation of the qualification standards, they interact even more.

Congress has also passed the Genetic Information Non-Discrimination Act – why is this different from the ADAAA or is it? When does the FMLA or ADAAA restrict your ability to terminate someone out on workers' compensation leave. Yes, the alphabet soup continues to get trickier especially as we are now seeing court decisions addressing these thorny issues.

Why should you attend: Years ago, most workers' compensation professionals understood completely all of the legal risks. Follow the schedule listed in the statute, check compliance with other rules, and you knew the approximate costs of the claim. With the passage of the ADAAA, FMLA, GINA, such claims are not as easy to administer.

Even the Pregnancy Discrimination Act has become a claim that many employers rarely see (because you treat pregnancy as any other "temporary disability." How can you comply with each and every one of these statutes when they all have different purposes and different rules? Don't get caught like other employers recently have because you haven't kept up with the latest regulations and court decisions.

Areas Covered in the Session:
  • The differences between the ADAAA and FMLA when it comes to leaves of absences.
  • Do workers compensation statutes require an employer to offer "light duty" positions?
  • What are the pros/cons of light duty positions?
  • Even if your state statute doesn't require light duty positions, will the ADAAA require it?
  • Can you terminate an employee out on worker's compensation leave for refusing a light duty position?
  • How to run the various leave requirements concurrently?
  • Can you run worker's compensation payments concurrently with other paid leave such as sick leave, vacation, short term disability, etc. Can the employee request that you do so even if you don't require it?
  • How is GINA different from the ADAAA? How is it similar?
  • How to treat pregnancies under the ADAAA, FMLA, and PDA (and, yes, it is very different under each statute)
  • When are you required to provide COBRA notices to those out on leave?
  • Does Obamacare change which of your employees are entitled to medical benefits while others are not?

Who Will Benefit:
  • Management
  • Human Resource Managers
  • Benefits Personnel
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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