Absence Management in the Compliance ‘Bermuda Triangle’: FMLA’s Intersection with Disability Accommodation, Workers’ Compensation, and Paid Time Off

What are the top leave administration and tracking challenges related to the Family and Medical Leave Act (FMLA)? Chances are if you ask the most seasoned HR professionals that question they’ll point to the intersecting and overlapping compliance obligations under FMLA, the Americans with Disabilities Act (ADA), and other laws, such as paid sick and family leave laws, which, to date, have been enacted in five states and many cities across the country. This session will provide a comprehensive look into how to conquer the most confusing leave-related conundrums under leave-protection laws. You’ll get legal insight into the leave and benefit traps that employers of all sizes need to avoid so you can develop sound administrative procedures that withstand scrutiny if called into question by regulators, a judge, or a jury.

This session will cover:

  • How to manage leave administration when an employee is “covered” simultaneously under FMLA, the ADA, and potentially under paid sick and family leave laws
  • Leave-tracking strategies to accurately and effectively manager your compliance obligations
  • Policy concerns:  What to include and what not to include
  • Examples of how workers’ compensation benefits, short-term disability insurance benefits, and paid family leave (PFL) may interact with FMLA requirements
  • What are your leave obligations if the employee is not eligible for or has exhausted available leave