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Navigating the Bermuda Triangle of Leave Laws
Don Phin, Esq.Senior Vice President
Download the slides at http://tinyurl.com/p66ajq2
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• This session is being recorded.
• Download the slides at http://tinyurl.com/p66ajq2.
• You will receive a link to the recording after the webinar.
• We will provide the HRCI and SHRM codes at the end of the webinar.
• Ask questions using the question box.
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1 2 3 4
What is the Bermuda Triangle?
Return to work and workers’
compensation
ADA and FMLA Best practices
Slides: http://tinyurl.com/p66ajq2
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How confused are you by the conflicting obligations between work comp RTW, the ADA and FMLA?
POLL
4
What is the Bermuda Triangle?
1
Slides: http://tinyurl.com/p66ajq2
5
Workers get sick, injured or disabled because…
Slides: http://tinyurl.com/p66ajq2
6
Work Comp
FMLA
ADA
Slides: http://tinyurl.com/p66ajq2
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Bermuda Triangle
Workers’ CompensationAll employees
ADA15 or more employees (5 in CA)
FMLA50 ore more employees
Slides: http://tinyurl.com/p66ajq2
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Return to work and workers’ compensation
2
Slides: http://tinyurl.com/p66ajq2
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Return to work (RTW)
Successful return to work programs reduce workers’ compensation costs by as much as 30-60%.
Slides: http://tinyurl.com/p66ajq2
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RTW direct savings
• Reduced comp benefits
• Reduced medical costs
• Reduced recovery time
• Reduced MOD
Slides: http://tinyurl.com/p66ajq2
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RTW indirect savings
• Ratio of at least 1:1
• Retention of valuable workers who continue to add value
Slides: http://tinyurl.com/p66ajq2
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Workers’ compensation RTW problems
• Employee must be released to return to full duty before being reinstated.
• Modified work not offered after 90 days.
• If injured employee is declared permanent and stationary and still cannot perform former job, they will be released.
Slides: http://tinyurl.com/p66ajq2
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Do you know what your work comp modifier is?
POLL
Slides: http://tinyurl.com/p66ajq2
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ADA and FMLA
3
Slides: http://tinyurl.com/p66ajq2
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ADA
• Injury=disability
• Request for accommodation not required
• All about limitations (versus disabilities)
• Interactive dialogue
• Medical certification
• Direct threats to health or safety
Slides: http://tinyurl.com/p66ajq2
16
ADA
• Reasonableness versus undue hardship
• Extended leave
Slides: http://tinyurl.com/p66ajq2
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FMLA
• 12 weeks leave runs concurrently with workers’ comp
• Intermittent leave if possible
• Respond to request within five business days
• Provide Eligibility Rights and Responsibilities Notice with medical certification form
• Provide Designation Notice within five business days after receiving employee response
Slides: http://tinyurl.com/p66ajq2
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FMLA
• Required to give job back
• Equivalent position, pay and benefits
• Job elimination and RIFS
• But…I don’t want them back!
Slides: http://tinyurl.com/p66ajq2
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Best practices
4
Slides: http://tinyurl.com/p66ajq2
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Do you send a COBRA notice after 12 weeks of FMLA leave?
POLL
Slides: http://tinyurl.com/p66ajq2
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Bermuda Triangle
• Use a checklist approach
• Train your managers
• Show you care
• Monitor medical condition
• Administer fitness for duty exam upon return to work
• Apply policies with consistency
• Work with the right doctor
Slides: http://tinyurl.com/p66ajq2
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Occupational Medicine
Slides: http://tinyurl.com/p66ajq2
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Make sure you have EPLI coverage
Slides: http://tinyurl.com/p66ajq2
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Q&A on leave laws
Slides: http://tinyurl.com/p66ajq2
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Federal leave chart
Slides: http://tinyurl.com/p66ajq2
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How ThinkHR can help you
?
Slides: http://tinyurl.com/p66ajq2
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CEUs and Future Webinars
HRCI248352
SHRM15-0880
Future Webinars
Creating Meaningful Employee Handbooks
Presented by ThinkHR and Constangy, Brooks, Smith & Prophete
Thursday, July 9
Slides: http://tinyurl.com/p66ajq2
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ThinkHR Live
877-225-1101
PHR and SPHR certified
11 hours a day, five days a week
Questions, second opinions, advice
Specialists in benefits, leaves of absence, training, and more
Slides: http://tinyurl.com/p66ajq2
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Slides: http://tinyurl.com/p66ajq2
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Slides: http://tinyurl.com/p66ajq2
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