Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program

Online Course: ID# 1000008

Agenda

The Family Medical Leave Act (FMLA)

• Review Of FMLA
• Types Of Leave
• Leave Requirements
• Review of FMLA: Administrative Requirements
• Employment And Benefit Protection

The Americans with Disabilities Act (ADA)

• Review Of Americans with Disabilities Act Amendment Act (ADAAA) of 2008
• ADA
• Qualified Individual With A Disability
• Key Requirements For Employers
• Medical Information And Inquiries

Workers’ Compensation

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

The Pregnant Workers Fairness Act (PWFA)

• Employers and Employees Subject to The PWFA
• Known Limitation
• Qualified Employee
• Reasonable Accommodations

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

Issues After FMLA Leave Is Exhausted

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

FMLA and Light-Duty Assignments

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

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
• Pay And Benefits
• Length Of Leave
• Return To Work
• Light-Duty Assignments
• Medical Information
• Reassignment
• Termination

Coordination Of FMLA, ADA, And PWFA

• When FMLA, ADA, and PWFA All Apply
• Leave and Accommodation Issues
• Length Of Leave
• Return-To-Work
• Medical Information

Coordination Of FMLA, ADA, PWFA, And COBRA

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

General FMLA Benefits 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 FMLA Benefits 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