Description
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 realworld 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.
Date: 2020-05-28 Start Time: End Time:
Learning Objectives
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
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Robert J. Barth, Ph.D.-Barth NeuroScience, Charles W. Gilbreath – The Law Office of Stephan Wright, PLLC
