Learn to effectively handle claims made under FMLA and ADA.
FMLA and ADA claims can be especially problematic when the claims are focused on mental illness. The FMLA is a federal law that allows qualifying employees to take up to 12 weeks of unpaid leave because of a serious health condition. The ADA is a federal law that provides protections to employees with disabilities by directing employers to provide reasonable accommodations in certain circumstances. This topic will address these issues by providing an overview of the flawed nature of diagnostic standards for mental illness, and the obstacles to credibility that are consequently created for FMLA and ADA claims; by providing an introduction to the standard method for disability evaluation, and the obstacles that the method creates for ADA claims of mental illness; by explaining how the FMLA and ADA operate and how employers should handle mental health claims so as to ensure compliance with these laws; and by providing real-world examples of how employers have correctly, and incorrectly, handled mental health claims under these laws. From this information, you will gain valuable insight into how to handle such claims, and defend against relevant lawsuits.
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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
Diagnosis of Mental Illness and Obstacles With the FMLA and ADA
- Current Diagnostic U.S. System for Mental Health Inadequate for Legal Purposes
- No Methodology for Diagnostic System for Mental Illness Internationally
- Scientifically Credible Approaches to Diagnosis Are Available but Rarely Used
Disability Evaluation and the Obstacles With ADA Claims of Mental Illness
- Seven Specific Steps of Standard Method for the Evaluation of Vocational Disability
- Limited to Objectively Verifiable Limitations or Risks
- Matter of Tolerance Rather Than Limitations or Risks
Introduction to the FMLA and ADA
- What Each Law Provides and Employer Compliance
- Who Is Governed and Covered by the FMLA
- Definition of a Serious Health Condition Under the FMLA
- How to Handle FMLA Claims
- Who Is Governed and Covered by the ADA
- Definition of a Disability, Reasonable Accommodations, and Undue Hardship
- How to Handle ADA Claims
Case and Real-World Examples of How Mental Health Claims Should Be Treated Under the FMLA and ADA
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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 May 28, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
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
Robert J. Barth, Ph.D.
Barth NeuroScience
- Practices, writes and teaches in the following areas, as well as others, pain (e.g. chronic pain, neuropathic pain, complex regional pain syndrome - the concept that replaced reflex sympathetic dystrophy, headache, back pain, etc.); brain injury/brain impairment; mental illness (e.g., Posttraumatic Stress Disorder, depression, substance abuse/dependence, etc.); causation of health problems; work ability (in the context of health problems); and impairment rating
- Dr. Barth has been asked to provide faculty, writing, editorial review and governance duties for many organizations, governmental agencies and health care publishers
Charles W. Gilbreath
The Law Office of Stephan Wright, PLLC
- Employment litigator who counsels employers of all types and sizes on a broad spectrum of matters ranging from workers’ compensation to employee leave to harassment and discrimination investigations
- Regularly appears before state, federal and administrative courts, representing and defending clients facing compliance issues related to the Family and Medical Leave Act, the Fair Labor Standards Act, and the Americans with Disabilities Act, as well as Title VII matters related to gender and sexual-orientation
- Advises clients on wrongful discharge, retaliation, and hiring and discipline matters, most recently involving legal drug use
- Proactively works with employers to update policies and handbooks to address today’s evolving workplace
- Takes a pragmatic approach to client service by listening to his clients’ concerns and what they want to accomplish, and explains the risks associated with various courses of action
- Works with a diverse clientele from a number of different industries and strives always to achieve the best result for his client, whether that means an early settlement that reduces costs and public relations issues or going through a lengthy trial
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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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