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2-Hour Virtual Seminar on The Complexity and Interplay Among ADAAA, FMLA, and Worker's Comp (WC) - How do they Work Together, or Not?

Instructor Dr. Susan Strauss
Webinar ID 32183
Duration 2 Hours  

Webinar Price Details

Overview

The summer of 2020 will be long ingrained into our social and individual consciousness due to COVID and the horrific murder of George Floyd, a black man. George’s murder by white police officers, captured on video for the world to see, sparked outrage around the globe. So what, you may be asking, does that have to do with the business world.

Racial bias workshops just won't do any more. Employers and business leaders need to respond to racism by taking substantial action. Merely throwing out politically correct corporate statements needs to be over.

It is time for leaders who are committed to racial justice to create a business strategy to actively and strategically address racial inequity in their workplace (and society). Systemic racism can be fought by American businesses. Indeed, many U.S. corporate boardrooms have already begun the fight through hiring practices, funding organizations and movements working to eradicate racism, and using their political power to influence federal and state legislation.

But what steps can employers begin doing - today - to enhance their workplace culture to racial equity and belonging? Discussing white privilege and unconscious bias is a starting tactic.

Dr. Francis Kendall states "For those of us who are white, one of our privileges is that we see ourselves as individuals, "just people," part of the human race. Most of us are clear, however, that people whose skin is not white are members of a race. Being born white provides privileges that other races in the U.S. do not have. Other races may "earn" privilege but are not "born" with privilege due to the color of their skin.

Unconscious bias, something we all have built into our DNA, does not mean we are bad people. How does unconscious bias work against Blacks? How does it support white privilege? How does it maintain the status quo? Discussing the issues addressed in this webinar may be uncomfortable-that's the way it should be, difficult as it is. Discomfort is required for change.

Why should you Attend

There are times when the legal requirements of both FMLA and the ADAAA are similar, yet at other times one law contradicts another. We find that we can't comply with both laws at the same time, so which one takes precedence over the other? And where does WC come in?

To complicate matters, WC is a state law, while FMLA and ADAAA are federal laws, and there are other state civil rights laws that also impact FMLA and the ADAAA.

Consider that an injury under WC may also be a "serious health condition"under FMLA. State laws may differ from federal laws by covering additional health conditions, may apply to small organizations, or may cover situations in which the federal laws have no say such as domestic abuse. The HR department has the responsibility of sifting through these laws to ensure compliance with each law that provides the best benefit to employees.

This training program will explore how these laws provide entitlements to employees which means they are not considered an optional benefit.

So, even if you fail to apply the law to your employee, they can claim protection anyway. For example, if you fail to provide appropriate leave under FMLA, that does not remove the employee's right to a job-protected leave. The ultimate goal of all three laws is to assist the employee to return to work.

Areas Covered in the Session

  • Review the intricacies of how WC, ADAAA, and WC intersect to provide employees' coverage under these acts
  • Discuss the challenges in terminating an employee after they have expended their FMLA benefits without ignoring their rights through the ADAAA or state laws
  • Identify steps to follow when an employee fails to provide the requested and required medical certification
  • Explain the process in responding to an intermittent leave request that may include a potential ADAAA accommodation
  • Describe essential documentation guidelines to prevent liability
  • Outline best practices when conducting the legally required interactive process when determining an accommodation
  • Clarify a physical or mental impairment that substantially limits one or more major life activities based on the ADAAA
  • Discuss the criteria for essential job functions
  • Determine if and why you need a second or third medical opinion
  • Review WC/ADAAA light duty restrictions while keeping FMLA intermittent and reduced scheduled leave viable

Who Will Benefit

  • CEOs, COOs, CFOs
  • Human Resources Directors, Managers and Specialists
  • HR Executives
  • Managers and Supervisors
  • Benefit Specialists
  • Business Owners
  • General Managers
  • Human Resource Managers / Administration
  • Privacy Officers
  • Health Information Managers
  • Healthcare Counsel/Lawyers
  • Office Managers
  • HR Practitioners
  • Leave Administrators
  • Benefits Administrators

Speaker Profile

Dr. Susan Strauss is a national and international speaker, trainer, consultant and a recognized expert on workplace and school harassment and bullying. She conducts harassment and bullying investigations and functions as an expert witness in harassment and bullying lawsuits. Her clients are from business, education, healthcare, law, and government organizations from both the public and private sector.

Dr. Strauss has conducted research, written over 30 books, book chapters, and journal articles on harassment,bullying, and related topics. She has been featured on television and radio programs as well as interviewed for newspaper and journal articles.Susan has a doctorate in organizational leadership. She is a registered nurse, has a bachelor’s degree in human services and counseling, a master's degree in community health, and professional certificate in training and development.