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ADA & FMLA

Lots of Letters – Lots of Risk

There is such a maze of medical, absence and leave of absence issues with employees. If a manager takes a misstep, it can potentially be disastrous for an organization.

The American’s with Disabilities Act’s purpose is to eliminate discrimination against a “qualified individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the position”.  However, how do you recognize the disabilities?  How do you determine whether the employee can perform the required functions of the job? 

The participants will analyze the ADA and:

  • Understand the legal definition of a disability
  • Comprehend what it means to limit a major life activity and what constitutes life activities
  • Realize when an individual is a safety threat
  • Figure out what to do if the reasonable accommodation that has been granted interferes with other employees
  • What to tell an employee if they articulate a preference for a different type of accommodation
  • Understands what constitutes an “undue hardship”

Another law that sometimes goes hand in hand with the ADA is the Family and Medical Leave Act (FMLA).  FMLA was enacted to balance the demands of the workplace with the needs of families while accommodating the interests of employers.  FMLA has been a part of the workplace for more than a decade, so managers are experts at it – right?  Not a chance…

Participants will also examine:

  • Who is an “eligible employee”
  • To what benefits are employees entitled
  • The situations for which employees can take a qualified FMLA leave
  • What to do procedurally when an employee expresses an interest in taking FMLA leave
  • What is considered a serious health condition
  • What notification is “reasonable”
  • How an employee notifies the organization of their intent to take leave for a foreseeable event.

Format:  1-6 Hours

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