triple threat - fmla, workers' compensation & disability update
TRANSCRIPT
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Employee Accommodations & RTW Management
Federal & State FMLA Tracking
Solution
Integrated Reporting & Business Intelligence
Eric Meyer @Eric_B_Meyer!
OUR SPEAKERS
Casey Sipe @clsemployerlaw!
Jessica Miller-Merrell!@jmillermerrell!
THE TRIPLE THREAT
FMLA WORKER’S COMP
DISABILITY
FMLA WORKERS’ COMP
DISABILITY
POLL QUESTION: WHAT TOPIC IS MOST IMPORTANT TO YOU?
FMLA BASICS FAMILY MEDICAL LEAVE ACT
WHAT IS FMLA? The FMLA only applies to employers that meet certain criteria. !!A covered employer is a:!
• "Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year;!
• "Public employers; or! • "Public or private elementary or secondary school.!
LEAVE ENTITLEMENT
• "Eligible employees may take up to 12 workweeks of leave in any 12-month period for one or more of the following reasons:!
! • "The birth of a son or daughter or placement of a son or daughter
with the employee for adoption or foster care;!! • "To care for a spouse, son, daughter, or parent who has a
serious health condition; !!
• "An FMLA "serious health condition" is "an illness, injury, impairment, or physical or mental condition that involves . . . [i]npatient care . . . or [c]ontinuing treatment by a health care provider."!
LEAVE ENTITLEMENT CONTINUED
• "Eligible employees may take up to 12 workweeks of leave in any 12-month period for one or more of the following reasons:!
! • "For a serious health condition that makes the employee unable
to perform the essential functions of his or her job; or!! • "For any qualifying exigency arising out of the fact that a spouse,
son, daughter, or parent is a military member on covered active duty or call to covered active duty status!
!!
LEAVE ENTITLEMENT CONTINUED
“Any 12-month period” is defined in the FMLA regulations and allows an employer to elect:!!
• "a calendar year,!! • "a fixed 12-month “leave year,”!! • "a 12-month period rolled forward from the date any employee’s
first FMLA leave begins, or!! • "a “rolling” 12-month period measured backward from the date
an employee uses any FMLA leave.!
RECENT FMLA CASES • Mail delivery notifications!!• Eligibility !!• Overlapping cases !
WORKERS' COMPENSATION EXPLAINED Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment.!!
The insurance amounts & requirements vary state to state. !
Work Comp Offices by State: b4j.co/stateworkcomp"
OVERLAP • Cases are complex!!• Often overlap among ADA, Worker’s Comp & FMLA!!• Documentation !
DISABILITY AND THE ADA
• "The ADA prohibits discrimination against applicants and employees who are “qualified individuals with a disability” by providing for equal opportunities for work.!
! • "Covered Employer: 15 or more employees for 20 weeks during
current or preceding calendar year.!!!
IMPORTANT DISTINCTIONS Disability: An impairment that substantially limits one or more major life
activities, a record of such an impairment, or being regarded as having such an impairment.
! Qualified Individual: Must be able to perform the essential functions of
the job with/without reasonable accommodation
!!
POLL QUESTION WHAT IS A REASONABLE ACCOMMODATION?
• "Work from home!! • "Computer glare screen!! • "Office countertops raised to accommodate
wheelchairs!! • "Pager for a hearing impaired valet employee!! • "All of the above !!!!
ADA CASE CONSIDERATIONS • "Leave as an accommodation !
! • "Telecommuting !
POLL QUESTION: HOW BEST TO COMMUNICATE WITH YOUR EMPLOYEE?
• "Phone Call!! • "Certified Mail!! • "Snail Mail !! • "Electronic Mail !
FINAL THOUGHTS
• "Behave in good faith ! ! • "Use light duty !! • "Have a consistent process in place to mitigate risk !
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QUESTIONS
Employee Accommodations & RTW Management
Federal & State FMLA Tracking Solution
Integrated Reporting & Business Intelligence
Contact Optis:
[email protected] (800) 678-6613
www.optis.com
THANK YOU TO OUR SPONSOR
Jessica Miller-Merrell!@jmillermerrell!LinkedIn: b4j.co/jmillermerrell!
SPEAKERS
Eric B. Meyer @Eric_B_Meyer!LinkedIn: b4j.co/ericbmeyer!
SOURCES FMLA Tracking is 4 Letter Word !b4j.co/FMLA-tracking!
Work Comp Offices by State !b4j.co/stateworkcomp!!FMLA Floodgates & Your Employee Handbook!b4j.co/FMLA-flood-gates!
Accomodation & Disability Info !b4j.co/ADA-accomodation!
Casey Sipe !@clsemployerlaw!LinkedIn: b4j.co/caseysipe!
HRCI APPROVED WEBINAR !
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HRCI program number sent to you via email upon program completion. !