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Event Details

    Interplay Between ADA and FMLA

    Date: October 17, 2013, 8:00am – 9:30am
    Jennifer Marecki
    Northwest Connecticut Chamber of Commerce
    Free to chapter members; $20.00 for guests
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    Understanding the interplay between FMLA and ADA.

    This seminar explains the complex interaction between FMLA and ADA (AA) as it relates to intermittent leave requests with an underlying accommodation. We will also discuss strategies for managing the transition from FMLA to ADA, concurrent ADA compliance requirements and confusion behind the medical certification required under both laws and why you should be controlling these rather than merely managing. Although the legal requirements of the FMLA and the ADA are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know which law takes precedence, or “trumps,” the other. This presentation will outline the following topics:

    • Clarification of employee notifications as they apply to both FMLA and ADAAA in an intermittent and reduced schedule leave environment
    • What to do when the employee is not responsive to requests for medical certifications
    • Explanation on how to respond to intermittent leave requests that include a potential or specific ADA accommodation
    • How to respond to ADA / Workers' Compensation light duty restrictions as they relate to FMLA intermittent and reduced schedule leave
    • Documentation guidelines that will help your company stay out of court and/or avoid settling claims
    • When to hold a good faith meeting and how to document the process
    • What notification is required at various timelines in the FMLA / ADA leave and accommodation process
    • Medical releases to obtain additional data outside of the FMLA medical certification
    • When and why you should obtain a second and/or third opinion
    • When you can terminate an employee who has exhausted their FMLA benefits without running afoul with the ADAAA
    • Explanations of why it is important to start controlling your medical absences instead of letting them manage you