Family Medical Leave Act (FMLA) Extension in 2022: Interaction with ADA

Statistics show that over 61% of Employers have difficulty managing FMLA leave and intermittent leave. The ability to manage the idiosyncrasies of the processing of FMLA and how one processing failure can result in thousands of dollars in fines & penalties, auditing by the Department of Labor (DOL), cost of investigations, loss productivity, and the cost of misuse by employees. So it is important for Employers to have an in-depth understanding of the FMLA affecting their company.

When you add the complexities of COVID-19, vaccine exemptions, reasonable accommodations, and changes in states based on the definitions of eligible family members and other new mandatory regulations like paid leave regulations, and currently or soon to be legally effective, the possibility of FMLA overlapping with the American with Disabilities Act (ADA), the increase of discrimination claims and wrongful termination allegations by employees, it is no wonder that this long time leave process is an administrative nightmare for Employers.

Many employers are confused about what to do if an employee requests additional leave to manage their illness or their family member’s illnesses. Should Employers extend the unpaid leave on a case-by-case basis or should they limit those decisions across the board? Additionally, when does the ADA supersede FMLA? Are there reasonable accommodations that can be offered? Does the Employer risk violations when making these decisions?

Join us on Clatid to get answers to all these questions and many more. You'll also receive a FREE customized compliance tool to help you develop a deeper understanding of the FMLA extension. Register now!

Why is this Important to Attend?

Based on these missteps that cost Employers so much and impact their day-to-day operations to navigate this process, Employers need to have an understanding of the FMLA and other leave mandates, and develop a foolproof process to mitigate these and other workplace compliance regulations.

If you're an Employer, it might not be easy for you to become an expert in FMLA compliance but with an efficient process, effective training for managers and HR professionals, checklists, and tools that can reduce risk, you can make this process easier for your company and employees. After taking this comprehensive training, you will be able to mitigate the risk and get back to running your business successfully.

What will You Learn?

-Why are Employers at risk for FMLA allegations even when employees don’t ask for FMLA?
-How can preparing your managers with compliance training reduce your risk for high penalties as a good faith effort from FMLA violations?
-What regulatory agencies enforce FMLA processing and how can you protect yourself from being a target?
-How has COVID-19 impacted FMLA?
-How do the state paid leave programs to interact with FMLA?

Get Answers to

-What are the challenges with employees on FMLA leave who do not pay for their benefits?
-Is extended leave part of the ADA reasonable accommodations requirements?
-How can the DOL assist with FMLA extensions?
-How do Employer policies impact decisions of FMLA extensions?
-How can Employers protect themselves against FMLA retaliation when deciding to not extend FMLA for employees?
-What is the best way to accommodate employees without impacting your company?
-How does the DOL manage FMLA extension requests?
-How should HR professionals manage FMLA extension requests?
-What about third-party administrators (TPA) if you outsource your FMLA Administration?
-How does the ADA regulate decisions about reasonable accommodation requests?
-What policies should be in place to mitigate allegations of retaliation?
-What policy will decrease your risk when you integrate it with your Employee Handbook?
-What if you need to terminate an employee after they complete their 12-week FMLA Leave?
-How can Employers protect themselves from hard decisions in rejecting FMLA extension requests?

Certifications 

-This Program, ID No. 590807, has been approved for 1.50 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, and SPHRi™ recertification through HR Certification Institute®? (HRCI®).

-This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please portal.shrm.org.

Who Will Benefit?

-All Employers having 50 employees
-Company Leadership
-Compliance professionals
-Payroll Administrators for intermittent leave
-HR Professionals
-Business Owners having 40+ employees should prepare for FMLA eligibility

You may ask your Question directly to our expert during the Q&A session.