Description
Learn how to determine if a mental health condition constitutes a serious health condition under FMLA andor a disability under the ADA. The rapid rise of mental health issues from employees and applicants now confronts employers with a variety of complex FMLA and ADA issues and potential claims. Increasing diagnoses of anxiety, depression, posttraumatic stress disorder, seasonal affective disorder, bipolar disorder, and similar disorders pose many challenges for employers trying to navigate the oftenturbulent waters of the FMLA and ADA. Determining when a mental health condition constitutes a serious health condition under FMLA andor a disability under the ADA is often neither obvious nor instinctive. Knowing how to identify a covered condition is, of course, only the starting point. Next, employers need to be sure they have the right FMLA and ADA policies in place. Then there is the critical point at which the employer’s policies must be applied to oftentimes convoluted factual settings. There are new complexities to telework as a reasonable accommodation after the COVIDrequired remote work experience. This program will provide the tools for employers to assure they have the necessary policies and guidance to address significant FMLA and ADA obligations while not unduly affecting productivity and placing unwarranted and unfair burdens on those who work with an employee with FMLA andor ADAcovered mental health issues. In so doing, employers will have the ability to avoid or successfully defend mental healthbased FMLA and ADA claims.
Date: 2023-05-02 Start Time: End Time:
Learning Objectives
What Mental Health Claims Are Covered by FMLA and ADA?
• What Mental Health Claims Trigger FMLA Rights?
• Key FMLA Definitions and Rules
• What Employer FMLA Policies Are Needed to Properly Address Mental Health Issues Raised by Employees?
• What Mental Health Claims Are Covered by ADA?
• Key ADA Definitions and Rules
• What Employer ADA Policies Are Needed to Properly Address Mental Health Issues Raised by Employees
Successfully Addressing the Toughest FMLA and ADA Issues
• Managing Chronic or Recurring Mental Health Issues Under FMLA and ADA
• Controlling the Intermittent FMLA Leave Situation
• Addressing the FMLA Alternate Position Quagmire
• Properly Managing the ADA Interactive Process in the Difficult Mental Health Case
• Properly Construing ADA, FMLA, and Local Leave Law Issues Posed by Employee Mental Health Conditions
• Telework as a Reasonable Accommodation After the Covid-Required Remote Work Experience
Preventing Interference and Retaliation Claims
• Understanding the Rapid Growth in FMLA and ADA Retaliation Claims
• Addressing Performance Issues Arising Shortly Before or Only Discovered During FMLA or ADA Leave for Mental Health Conditions
• Navigating the Job Restoration Process and What Documentation Can Be Required From the Employee Before a Return to Work Under the FMLA and ADA
• The Key Role of Supervisors in Preventing FMLA and ADA Mental Health Claims and Avoiding Potential Individual and Employer Liability
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Frank C. Morris, Jr.-Epstein Becker & Green, P.C.
