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Connecting the dots between FMLA and ADA: How to avoid common mistakes that can create liability

Topic:
Connecting the dots between FMLA and ADA: How to avoid common mistakes that can create liability
Date:
February 26, 2013 at 1:30 - 2:30 PM ET
Presenters:
David Mohl, Senior Counsel(CIGNA Corporation)
webcastImgVirtual
Description
Whether your company outsources its absence management, or manages it in-house, if you’re focusing only on leaves that fall under the FMLA, you could be placing yourself at risk for failing to comply with the Americans with Disabilities Act. With the recent amendments to the ADA and increased agency enforcement, employers need to think broadly when administering employee leaves.

The Americans with Disabilities Act Amendments Act, which became in 2009, significantly broadened the scope of the ADA. As a result, more employees qualify as disabled under the ADA and, therefore, are entitled to the ADA’s protections. These protections include being provided with reasonable accommodations that enable them to perform the essential functions of their job.

Under the FMLA, employees are entitled to up to 12 weeks of unpaid, job protected leave, due to their own serious health condition. When administering FMLA leave, it is critical that employers also ensure that they are meeting their obligations under the ADA. It is not uncommon for a serious health condition under the FMLA to also qualify as an ADA disability. In these situations, an employee may be entitled to additional unpaid leave if they are unable to return to work at the end of their FMLA leave.

The Equal Employment Opportunity Commission (EEOC), one of the federal agencies that enforces the ADA, has listed increased ADA enforcement as part of its multi-year Strategic Enforcement Plan. Therefore, it is critical the employers understand the ADA and its interaction with the FMLA and ensure that they are properly administering these laws.


Who Should Participate
Human resources, employee relations and benefits managers
What You Will Learn
The audience will walk away with:
  • A deeper understanding of how federal regulatory agencies are stepping up enforcement of the ADA and FMLA
  • Why employers need to carefully consider both the ADA and FMLA with regard to employee leaves; how the two regulations intersect
  • How to avoid common pitfalls inherent in not complying with the ADA and FMLA
Recommended Resources
Please reference any books, white papers, or articles Cigna White Paper on the ADA www.cigna.com Click here
Communities
Benefits
Medical Benefits
Leave Benefits
Healthcare Legislation and Compliance
Benefits - Cost Containment, Audits and Legal Risks
Presented by
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David Mohl
CIGNA Corporation

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