Managing employee leaves are the most complicated aspect of a human resource professional's job. In addition to applying an employer's own leave policies, employers must work through the maze of various laws impacting employee rights during these leaves - laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, worker's compensation laws, the Genetic Information Nondiscrimination Act to name a few. Each individual law is complicated in and of itself; however, the various twists and turns that come about when these laws come together can be mind-boggling. How do you untangle this maze?
To understand the basics of individual leave laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, the Genetic Information Nondiscrimination Act, worker's compensation and other laws that impact your obligations to employees needing leave. To understand when an employee is entitled to leave and what rights and protections they have while on leave. Working through the maze of how these laws interact and ensuring compliance with each as you manage your employee leaves of absence.
Family and Medical Leave Act Basics
Covered Employers and Employees
Employee Leave Entitlements
What is a "serious health condition"
Your right to obtain medical certifications
Difference between Interference and Retaliation Claims
Employee's Rights to Continued Health Insurance
Americans with Disabilities Amendments Act Basics
Who are the disabled?
What is a physical or mental impairment?
What are major life activities?
What do we mean by substantial limitation?
Impact of mitigating measures
Leave of Absence as a Reasonable Accommodation
Requests for IndefiniteLeaves of Absences
Telecommuting and reasonable Accommodation Requests
Meaning of "course and scope" of employment
Employee wage replacement rights
Retaliation claims under worker's compensation laws
What do we mean by "genetic information"?
Meaning of "inadvertent" disclosures under GINA
Legal obligations under the PDA
What do we mean by discrimination due to "pregnancy and related medical conditions"
Using the disparate treatment theory to support a PDAclaim
Using the disparate impact theory to support a PDA claim
Young v. UPS: Where are we now?
Difference between Serious Health Condition and disability
Why you must always consider FMLA and ADA when an employee has a worker's compensation lost-time injury
Lifting restrictions and the ADA
Running paid leave concurrently with FMLA legally
When can pregnancy complications be considered a disability under the ADA?
Avoiding GINA and HIPAA problems when getting medical information you need to determine employee leave eligibility
When can you terminate an employee for failure to return from leave?
When is COBRA triggered in the leave process?
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Rose Miller is President of Pinnacle Human Resources, LLC. Pinnacle Human Resources is a NYS and Nationally certified Women Owned Business Enterprise. Her company is located in Albany and Syracuse, New York. Rose has been a Human Resources profession for more than 20 years. She and her team of 12 HR experts provide HR solutions to businesses of every size. They provide strategic and tactical support such as HR audits, policy creation, employee handbooks, talent acquisition services, performance solutions, HRIS solutions, compensation systems and training. Rose holds a Bachelors of Science degree in Organizational Behavior from Lesley University, and received her Senior Professional of Human Resources (SPHR) certification from the Human Resources Certification Institute in Princeton, NJ. Rose holds board positions on several non-for-profit organizations and is a monthly columnist for the Albany Times Union, a Hearst publication.