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Manage Your FMLA, ADA, Workers' Comp and GINA Overlap

Advanced Employment Issues Symposium

Date: October 6, 2011, 02:30 - 03:30Venue: Hutton HotelLocation: Nashville, TennesseePresenting:  Charles S. Plumb

The FMLA poses enough compliance challenges all by itself. However, things really get interesting (and complicated) when you throw in an employee’s request for leave that can fall under the ADA or FMLA. With this session, we will address these and other vexing overlap issues, so you can determine when to apply the FMLA, ADA, workers’ comp or combination of any of the three to an employee’s leave request. Plus, as an added bonus, we’ll discuss how GINA is now part of the mix, and how it can work in tandem with FMLA and the ADA.

  • Why FMLA serious health conditions are more likely to qualify as disabilities under recent ADA changes
  • When you should offer leave as a reasonable accommodation under the ADA
  • How to offer accommodations other than leave without violating FMLA
  • HIPAA privacy requirements when seeking medical certification of FMLA leave
  • When you can follow workers’ comp rules on FMLA information gathering
  • When you can require employees to take FMLA leave concurrently with workers’ comp leave
  • The interaction of FMLA with USERRA, GINA, COBRA, and other federal laws
  • How does GINA differ from the ADA? What’s permissible under the ADA is now unlawful under GINA and how employers can understand the difference between the two