Learn how to identify problematic traps in your leave policies and procedures and how to fix them.
Many employers find it difficult to understand how they should properly address repeated request for leaves of absence. They also may not fundamentally understand the role that both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) play in such a scenario. This topic will assist in further understanding the basic process of managing repeated requests for leave. The discussion of undue hardship and its effect on the employment relationship will be explored in detail, both as a necessary concept and the importance of its role in understanding reasonable accommodation issues. This material will address real-life scenarios and the various roles that the employer, employee, the employee's physician, and others play in the management of these types of issues and potential complications.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Introduction
- Leave Requests, Conceptually and Practically
- General Discussion of the Role of Employee and Employer
The Federal Government and the EEOC's Role
- The ADA and Its Overlap and Interplay With the FMLA and Repeated Requests for Leave
- Effectiveness of the Request
- When Is Leave Protected and the Length of the Protection?
- How Many Requests?
- Reasonable Accommodation
- Impairment and Diagnosis Issues
- Role of the Physician
- Undue Hardship Analysis
- How Is This Established?
- Flexibility vs. Hardline Rules
- Undue Hardship and the Employer's Obligation to Provide Reasonable Accommodation
Factual Scenarios and Examples
- Multiple Requests for Extension
- Essential Job Function Issues
- Physician Estimates of Leave Time
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 23, 2021.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
James B. Fairbanks, Esq.
Treece Alfrey Musat P.C.
- Shareholder with Treece Alfrey Musat P.C. and head of the workers’ compensation and employment defense department
- Practice emphasizes workers’ compensation defense, professional malpractice defense, subrogation, and general liability and employment defense
- Conducts regular seminars and workshops and has been a regular presenter for Lorman
- J.D. degree, University of Colorado School of Law
- Can be contacted at [email protected] or 303-731-9539
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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