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NAVIGATING THE HR BERMUDA TRIANGLE: Workers Comp, FMLA, and ADA
- Recognizing the interaction of the ADA, FMLA and Workers’ Compensation Laws
- Understanding the purposes of the three laws and why they often conflict
- The areas of interplay between the three laws those employers need to consider when managing employee absenteeism
- Handling return-to-work issues, including permissible certification requirements.
- How the overlapping processes of ADA, FMLA, and WC can run more smoothly.
- The ADA interactive process - key to avoiding the Bermuda Triangle
Overview of the webinar
Some employee absence events may trigger not just one law, but the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and state workers’ compensation laws. Violations of these laws may cause penalties to employers and, in some cases, even to managers.
The intersection of these three laws is complicated and open to problems if not handled correctly. ADA, FMLA and Workers Compensation have different goals and protections for employees, yet all three have provisions that may require an employer to give job-protected time off when the right circumstances are met.
The majority of unscheduled and scheduled absences are related to the illness of employees or their family members. Under those circumstances, one, both, or all three of these laws may be involved. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages.
It's essential for employers to understand Federal and State laws with respect to these three laws in order to be compliant. In addition to employers’ legal responsibilities, employers also have moral and ethical responsibilities to ensure employees receive the benefits and protections these laws provide.
Who should attend?
- HR professionals
- Managers
- Supervisors
- Business owners
- Payroll professionals
Why should you attend?
One of the most difficult juggling acts the Human Resources Department is faced with is managing employee’s need for leave while staying compliant with The Family and Medical “the Bermuda Triangle of leave laws,” which exists in the space between workers’ compensation laws, the FMLA, and the ADA. Each of these three laws have different purposes. The ADA prohibits discrimination. The FMLA sets minimum leave standards. Workers compensation laws provide for payment of compensation and rehabilitation for workplace injuries and minimize employer liability.
Faculty - Dr.Steven G. Meilleur
Steven G. Meilleur, Ph.D., SPHR – is President, and CEO – of PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, employee relations, leadership, training & organizational development, organizational research and assessment, strategic & operational planning, and non-profit organization management and governance. Dr. Meilleur has more than 40 years of management and executive-level experience in human resources, risk management, and organizational management in the private non-profit public, and private for-profit sectors.
He is also on the faculty of the UNM School of Public Administration in the graduate program, teaching in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development. He has spoken at numerous conferences and workshops across the country and is a published author in the areas of human resources, marketing, leadership and management development, organizational change and innovation, non-profit organization management, and board development.
Dr. Meilleur received a BA in English Literature and Education from Bucknell University, an Executive MBA from the University of New Mexico’s Anderson Graduate School of Management, and his Ph.D. in Leadership and Organizational Learning from UNM. He received his certification as a Senior Professional in Human Resources (SPHR) from the Society for Human Resource Management in 1995.