Best Practices in ADA, FMLA, and Workers' Compensation
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There is an alarming increase in employment litigation filed against employers by employees injured on the job.More and more employees are making claims for not only workers' compensation benefits, but for violations of the FMLA and ADA during the workers' compensation claim. Employers are finding themselves in court because of missteps made during the workers' compensation claims process. This topic will arm you with practical tips and information necessary to protect you from additional liability by avoiding the landmines of the FMLA, ADA and associated statutes. This topic is designed to give practical tips to employers and anyone consulting with or advising employers, in navigating the employment statutes, and to present employment best practices when an employee claims or is receiving workers' compensation benefits. We will provide guidance in handling the workers' compensation claims in the context of the ADA and FMLA, from the initial work injury through the return-to-work and all aspects of the claims, such as medical examinations, the job offer, the interactive process, requests for modified duties, request for modified work schedules, and intermittent leave. This is a can't miss topic.
AuthorsLauri A. Kavulich, Clark Hill PLC
FMLA Basics and Practical Tips for Administering FMLA Leave for Work-Related Injuries
• How to Handle Notice and Eligibility Requirements
• What Medical Documentation and Eligibility Documentation Is Required and How Often Can I Request Documentation?
• Intermittent Leave and Tracking Intermittent Leave, Tips for Protecting the Employer
ADA Basics and Practical Tips for Complying With the ADA
• How to Avoid Running Afoul of the ADA With a Workers' Compensation Claimant
• What Is an Employer Allowed to Do Under the ADA?
• What Is Required of the Employer Under the ADA?
• The ADA Interactive Process in the Context of a Workers' Compensation Claim
Practical Tips in Navigating the FMLA and ADA in the Context of a Workers' Compensation Claim
• Medical Inquiries and Examinations
• The Return-to-Work of a Workers' Compensation Claimant
• Intermittent Leave for Treatment After Return-to-Work
• Requests for Modified Duties in a Return-to-Work Scenario
• Request for Modified Work Schedules
• Requests for Leave of Absence
Final Tips for the Employer to Avoid Turning Workers' Compensation Cases Into an Employment Claim