Agenda

Review Of FMLA

• Employers And Employees Subject To The FMLA
• Administrative Requirements
• Types Of Leave
• Leave Requirements
• Employment And Benefit Protection

Review Of ADA

• Employers And Employees Subject To The ADA
• Qualified Individual With A Disability
• Key Requirements For Employers
• Medical Information And Inquiries

Review Of Workers’ Compensation

• Employers And Employees Subject To Workers’ Compensation
• Exclusive Remedy Principle
• Benefits Under Workers’ Compensation
• Compensable Injuries And Illnesses

Light-Duty And Alternative Position Rules

• FMLA Restoration Rule With Light-Duty Assignments
• Seemingly Contradictory Rules
• When The Alternative Position Rule Applies
• When The Light-Duty Rule Applies

Issues Before 12 Weeks Of FMLA Allotment Is Used

• When FMLA And ADA Occur Together
• Restoration And Reasonable Accommodation
• Restoration To The Same Or Equivalent Job
• Alternative Position And Reasonable Accommodation – How To Handle
• Employee’s Request For Leave For Disabling Condition
• Medical Certification Issues
• FMLA Leave And Reasonable Accommodation
• Alternative Position And Reasonable Accommodation – An Apparent Contradiction

Issues After FMLA Leave Is Exhausted

• At The End 0f 12 Weeks Of FMLA Leave
• Reassignment To A Lower Level Position
• Extending Leave As A Reasonable Accommodation
• Reassignment To An Equivalent Position

FMLA and Light-Duty Assignments

• When FMLA And Workers’ Compensation Occur Together
• Specific Notice Requirement
• Consequences Of Taking FMLA Leave
• Consequences Of Taking A Light-Duty Assignment
• Employer’s Light-Duty Offer

Other Issues

• Workers’ Compensation And Other Paid Benefits
• Contact With Physicians

Classification Issues

• When ADA And Workers’ Compensation Occur Together
• Whether A Worker’s Compensation Occurrence Intersects With A “Record Of” Impairment
• Whether A Worker’s Compensation Occurrence Intersects With Being “Regarded As” Having An Impairment
• Exclusive Remedy Principle And Legal Action Under The ADA

Hiring Issues

• Workers’ Compensation Questions And Prospective Employees
• State Health And Safety Laws And New Hires

Return to Work Issues

• Disability-Related Questions And Injured Employees
• Confidentiality Of Medical Records
• Risk Of Injury
• “Full-Duty” Restrictions
• “Permanent” And “Total” Disability Designations
• Responsibility For The Return To Work Decision

Reasonable Accommodation

• Discharge Versus Reasonable Accommodation
• Reinstatement Rights
• Reallocation Of Marginal Job Functions
• Accommodation To Original Position Versus Reassignment To Another Position
• Reassignment
• Leave As Accommodation Versus Accommodation To The Original Job
• Rehabilitation Programs

Light-Duty Issues

• Providing Light-Duty Assignments
• Light-Duty Work For Disabled Employees Not Occupationally-Injured

Coordination of FMLA, ADA, And Workers’ Compensation

• When FMLA, ADA, and Workers’ Compensation All Apply
• Leave Issues
• Reasonable Accommodation Issues
• Return To Work
• Medical Information
• Reassignment
• Termination
• Pay And Benefits
• Length Of Leave
• Light-Duty Assignments

FMLA And COBRA

• COBRA Rights When Coverage Lapsed During FMLA Leave Period
• Loss Of Coverage During FMLA Leave
• COBRA Qualifying Events In Conjunction With FMLA
• Maximum COBRA Coverage Period
• Waiver Or Failure To Pay Premium During FMLA Leave

General Issues

• Dropping Coverage During FMLA Leave
• Premium Payments
• Paid Leave
• Employee Contributions
• Payment Options During Leave
• Payment Options: Pre-Pay
• Payment Options: Pay-As-You-Go
• Payment Options: Catch-Up
• Payment Options: Allowable Payment Choices
• Plan Year Crossover
• Same Rights As Other Employees

Specific Benefit Issues

• Health Flexible Spending Arrangements: Options
• Health Flexible Spending Arrangements: Reinstatement
• Health Flexible Spending Arrangements: Uniform Coverage
• Health Flexible Spending Arrangements: Waiver/Revocation and Reinstatement
• Health Flexible Spending Arrangements: COBRA
• Dependent Care Flexible Spending Accounts
• Other Non-Health Benefits