Mental Health, Substance Abuse, Chronic Health Conditions, and More
When employees request leave for mental health conditions, substance abuse issues, and chronic illnesses, it is crucial for employers to know the legal steps they must take to process the requests and make appropriate accommodations. Failure to comply with FMLA requirements and ADA protections can lead to costly penalties or employees bringing claims of discrimination, retaliation, and harassment. This program will help you deal with the more difficult leave and accommodation issues employers face. Our faculty will demonstrate how FMLA and ADA apply to challenging situations in the workplace, providing practical solutions that comply with the law and honor employee rights and protections. Order today!
- Review the protections provided by the FMLA and ADA and explore how the two laws interact.
- Learn what accommodations employers must make for employees with mental health conditions.
- Understand the rights of the employer and employee when the employee has substance abuse issues.
- Get practical tips on certifying (and recertifying) leave for employees suffering from a chronic illness.
- Acquire best practices for drafting employee leave policies.
- Explore the latest trends in paid family leave, recent DOL guidance for calculating FMLA, and more.
10:00 am to 5:00 pm Eastern Standard Time
- Peeling Back the Layers of Employee Leave Laws
10:00 - 10:30, Laurie A. Petersen
- The Americans with Disabilities Act and Amendments (ADA)
- The Family and Medical Leave Act (FMLA)
- Interplay Between Federal and State Leave Laws
- Determining Which Law Provides the Highest Level of Protection
- Mental Health Conditions, ADA and FMLA: What Employers Must Know
10:30 - 11:30, Laurie A. Petersen
- "Serious Health Conditions" Under FMLA: What Qualifies?
- ADA Coverage: Does the Condition Impair Major Life Activities?
- Steps Employers Can and Cannot Take
- Navigating the ADA Interactive Process
- FMLA Leave as an ADA Reasonable Accommodation
- Employer Obligations to Employees with Substance Abuse Issues
11:45 - 12:45, Matthew P. Tyrrell
- When Substance Abuse Qualifies as a Disability Under the ADA
- FMLA Coverage for Treatment and Rehabilitation
- Issues with Intermittent Leave Under FMLA
- What Employers Can Do When Substance Abuse is Evident
- Discipline and Termination of Employees with Substance Abuse Issues
- FMLA and ADA Considerations for Employees with Chronic Health Conditions
1:15 - 2:00, Matthew P. Tyrrell
- Chronic Health Conditions and the ADA: Is the Illness a Disability?
- Making Accommodations: What Medical Information Can Employers Request?
- Requiring Medical Certification for FMLA Leave: Legal Best Practices
- Recertifying Leave
- Intermittent Leave Challenges Under FMLA
- Administering Leave and Updating Policies: Guidance for Employers
2:00 - 3:00, Laurie A. Petersen
- FMLA Leave Calculation: Which Method is Best?
- What Employers Should Include in Employee Leave Policies
- When to Run Paid Leave Concurrent with FMLA
- Ensuring Legally Compliant Drug Testing Policies
- Medical Marijuana Use and the Workplace: Key Considerations
- Disciplining Employees for FMLA and ADA Abuse
- Dealing with Leave Challenges for Small Employers
- Avoiding Retaliation Claims
- Hot Topics in Employee Leave and Accommodation
3:15 - 4:00, Laurie A. Petersen
- Calculating FMLA Alongside Paid Leave: Recent DOL Guidance
- Paid Family Leave Trends to Watch
- Handling Requests for Military Leave
- Opioid Use Disorders and the ADA
- Recent EEOC Enforcement Actions
- Legal Ethics
4:00 - 5:00, Matthew P. Tyrrell
- Avoiding Conflicts of Interest
- Preserving Attorney-Client Privilege
- Attorney Fees
- Appropriate Client Communications
This program is designed for attorneys. HR professionals, accountants and paralegals may also benefit.