The employer's dilemma under the ADA, FMLA, State Worker's Compensation and Disability Benefits Laws overlapping requirements:

• Solid, up-to-date guidance on how employers can successfully navigate overlapping requirements while maintaining a productive, efficient workforce
• Analysis of new and emerging issues, including emotional and psychological impairment, the impact of drug & alcohol abuse, and court decisions on accommodation and eligibility requirements.

When faced with employees who can’t work, won’t work, or are unable to perform required tasks, employers are often standing vulnerably in a difficult intersection of overlapping requirements: The Americans With Disabilities Act (ADA), the Family & Medical leave Act (FMLA), Worker’s Compensation Laws, Disability Benefits...and more. Problems may come from one direction - but requirements for dealing with employee work problems can come from different directions at once.

Further, the impact of mental/emotional problems and alcohol and drug abuse in the workplace has become significant in terms of absenteeism, productivity, employee turnover, and business effectiveness. Employers must manage these problems in balance with the requirements of the ADA, the FMLA, and related laws. While debate may rage over whether employers are being restricted from acting freely to ensure productivity in the workplace and face unfair burdens to accommodate employees, the fact of the matter is that these laws and requirements must be known and effectively managed. Manager and supervisor awareness of these issues is critical.

Questions frequently asked are:

• Can the company terminate an employee who has presented a medical excuse for changing a work assignment or getting additional time off?
• What should the employer do if the circumstances are suspicious?
• What about medical claims that management feels may be unjustified?
• Can the failure of an employee to meet certain requirements support a lawful termination?

The answers to these will be analyzed in light of both employer and employee responsibilities under the rules.

Additionally, the course curriculum will cover today's “hot topics” under the ADA and the FMLA. For the ADA, these include: the EEOC Guidelines on reasonable accommodation; the “trap” created by the “regarded as” prong of the disability definition; and the impact of recent U.S. Supreme Court decisions concerning coverage under the ADA. Today’s “hot topics” under the FMLA include: the expanding gray area for “serious health conditions” with respect to conditions such as colds and flu that last more than three days; the current state of the law regarding what constitutes a “serious health condition”—with a focus on the expanding difficult area regarding whether minor illnesses qualify; review of court decisions invalidating FMLA regulations concerning employer designation of leave; and recurring compliance issues.

Attendees will find that this one-and-a-half-day program details the legal issues and provides practical solutions and guidance for dealing with the ADA, FMLA, workers’ compensation and disability laws (and the interplay of their requirements). They will also receive a Manual of materials for use during the course and as a reference to use long after the course has been completed.

1. The Americans With Disabilities Act (ADA)
   1. Disabilities Covered & Defined
      1. “Disability”
      2. “Physical or mental impairment”
      3. “Substantially limits”
      4. “Major life activities”
      5. What is not included
   2. Title I - Non-discrimination In Employment
      1. Who is covered
      2. Definitions of key terms
      3. Leave
      4. Re-assignment
      5. Return to work
      6. Medical exams
      7. Employer defenses
   
   
2. The Family & Medical Leave Act (FMLA)
   1. Coverage
   2. 3 Purposes For Required Leave
   3. Related Leave Issues
   4. Leave Designations
   5. Employee benefits While On FMLA Leave
   6. Job Restoration Rights
   7. Required Notices
   8. Relationship With Other Laws
   9. Difficult Leave Problems
   
   
3. Comparison Between ADA & FMLA Provisions
   1. Coverage
   2. “Disability” vs. “Serious Health Condition”
      1. Alcoholism & drug abuse
      2. Reasonable accommodation
      3. Return to work
      4. When employee is not able to return to work
      5. Certification of condition
      6. Benefit continuation
      7. Performing essential functions
      8. Family leave
   
   
4. Recent FMLA & ADA Case Law Developments
   
   
5. Workers’ Compensation & Disability Benefit Laws
   1. General Provisions Of Each
   2. Impact of FMLA & ADA
   3. Medical Screening & Exams
   4. Attendance Policies
   5. Retaliation
   6. Accommodating Employees Claiming Workers’ Compensation Or Disability Benefits
   
   
6. Recommendations & Strategies For Employers

Allan H. Weitzman is the head of the Labor and Employment Law Department in the Boca Raton office of Proskauer Rose LLP. Representing management exclusively, his practice focuses on employment litigation (discrimination, wrongful termination, etc.) and employment law counseling on a crisis and day-to-day basis, Mr Weitzman is a recognized national speaker on employment law topics. In addition, he is Editor-in-Chief HR Advisor-Legal and Practical Guidance and a regular Corporate Brief columnist for the National Law Journal.

Sheri Gilbert practices in the Labor and Employment Law Department in the New York office of Proskauer Rose LLP. Ms. Gilbert has an active counseling practice advising clients on a daily basis with respect to the vast array of employment and workplace issues, including hiring, employee counseling, reductions in force, termination, and compliance with the panoply of federal, state and local labor and employment laws. Ms. Gilbert devotes significant time to advising clients regarding the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and the interplay between the FMLA, ADA, state disability discrimination laws and Workers' Compensation laws and has helped numerous clients in policy drafting and compliance with respect to these laws.

Christopher J. Collins is Senior Counsel in Proskauer Rose’s labor and Employment Law Department. He handles a wide range of employment and ERISA litigation matters. Since the enactment of the ADA, Mr. Collins has regularly advised business on compliance with the ADA. He has also represented employers in litigation, administrative proceedings, and Department of Justice investigations involving alleged discrimination based on disability. He frequently speaks on issues pertaining to the ADA and disability discrimination.