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  • Compliance with Mental Disorders in the Workplace: FMLA, ADA and Workers Compensation

    Product id IQW15C8854
Speaker Elga Lejarza
Level Advanced
Duration 90 Mins
Schedule Monday, November 20, 2017 | 12:00 PM PST | 03:00 PM EST
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  • Description
  • Why should you attend
  • Areas covered
  • Who will benefit
  • Speaker

Description

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 are 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.

Why should you attend

Today, the workplace is an inclusive environment. There is a significant business as well as ethical and moral necessity to employ individuals with disabilities. Organizations must be comfortable with the processes involved in handling issues when it comes to disabilities, accommodations and taking care of employees. This is definitely a different arena and sometimes an uncomfortable one for HR, managers and supervisors especially if we don’t know what we can or can’t do.
Dealing with these gray areas are becoming more and more crucial in the workplace to ensure we are fair to our employees and to be in compliance with the laws on FMLA, ADA and Workers Compensation. This course will discuss:
  • 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

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

Who will benefit

  • HR Professionals
  • Office Managers
  • Business Owners
  • Compliance Officers
  • Managers and Supervisors
  • Employee Relations Professionals
  • Employee Assistance Professionals
  • Safety Managers

Speaker

Elga Lejarza is founder and president of Lejarza HR Consulting LLC. She has 20+ years experience in the field of Human Resources Management and is certified as a Professional in Human Resources PHR, SHRM-CP. Lejarza HR Consulting provides Recruitment, Training and Consulting services to small to medium sized businesses. Ms. Lejarza is a member of the Society of Human Resources Management, the Anderson SHRM, the Greenville SHRM, and a regular speaker for the Greenville American Payroll Association.
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.