Topic Overview
When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws: the American with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). In addition, state Workers’ Compensation laws have leave provisions that may apply. Depending on the situation, one or more of these laws can apply to the same employee. The interaction of the FMLA, ADA and Workers Compensation laws is known by many employers as the “Bermuda Triangle”. It can also be akin to a “Tsunami” ready to happen. It is crucial that employers ensure compliance with these laws as a violation can result in significant damages such as wages, back pay, reinstatement, retroactive benefits, compensatory damages and punitive damages. The best way to handle the interaction of these laws is to know when each law is implicated and exactly what each one requires.
Areas Covered
- How to handle FMLA requests?
- How to handle ADA requests?
- How to handle Workers’ Compensation claims?
- How to handle situations when FMLA, ADA and Workers’ Compensation interconnect?
- How to avoid the Tsunami that could develop if the interconnection of the three laws is not handled legally?
- ADA and mental illness: What the law says.
- How to handle employees with severe depression or anxiety?
- How to handle suicidal comments in the workplace?
- How to handle threats and other disruptive behaviors resulting from mental disorders?
- How to assist employees with learning disabilities?
- How to assist employees with bipolar disorders?
- What protection do alcoholics and substance abusers have under ADA?
- How to assist an employee back from rehab?
- Tips on helping an employee at work with mental illness.
Learning Objectives
- The most common disabilities under ADA.
- Statutory exceptions to the term “disability”.
- The difference between ADA and ADAAA.
- When “employee separation” is the only route.
- Best practices to maintain an inclusive environment.
- Engaging in the interactive process is critical to be in compliance with the law.
- Myths and facts about reasonable accommodation.
Who Will Benefit
- HR Professionals
- Office Managers
- Business Owners
- Compliance Officers
- Managers and Supervisors
- Employee Relations Professionals
Elga Lejarza
Human Resources Business Partner founder and president of Lejarza HR Consulting in Greenville SC. Consulting firm offering a wide range of Human Resources services in English as well as in Spanish to small to medium size organizations. Elga graduated from Florida International University with a Bachelor Degree. She obtained a Major in Business Administration and a minor in Human Resources. Elga specializes in employee and management development, Recruitment and Employee Relations. Elga has 19 years of HR experience and has worked at Target, Bloomingdales’ and Walgreens.
Elga is a volunteer for the Greenville Literacy Association, a member of the Greenville Hispanic Chamber of Commerce, The Society of Human Resources Management, the Greenville SHRM and the Anderson SHRM.