Publisher: Alexander Hamilton Institute, Inc.
Date Published: 2000
Format: Executive Briefing (hard copy)
Length: 102 pages
Its not only important to be familiar with each of the three laws but you also need to know how the Americans with Disabilities, Family and Medical Leave Act, and Workers´ Compensation laws interact so that you can protect yourself from costly lawsuits. This task is complicated by the fact that the ADA, FMLA, and WC laws overlap and contradict each other in terms of their requirements.
This Executive Briefing can help you understand where the provisions of the Bermuda Triangle trio of laws intersect and where they conflict. After reading this report, you will be able to coordinate compliance with the laws when managing employee leave requests.
In the report, you will find an understanding of your obligations within the Bermuda Triangle of employment.
Target Audience
This report will appeal to an employer, the human resources professional, or the Compensation and Benefits professional who is responsible for complying with the ADA, FMLA, and WC - particularly, in terms of activities such as employee leave requests, the actual time off and the return to work.
Content and Summary
Chapter 1: Navigating the Stormy waters of Overlapping Federal Legislation
In this chapter, you will find a general overview of ADA, FMLA, and WC as well as a detailed explanation of the key definitions of each law. I am sure you will appreciate the clarification of the term "disability" within the triangle of the laws. (Especially, when you consider the fact that an occupational injury defined as a "disability" by a Workers´ Compensation statute may not be considered a "disability" for ADA purposes. The bad news is that it´s the same case when you start talking about "disability" in terms of FMLA and ADA. The good news is that you will probably have a better grasp on the term "disability" once you have read this chapter.
Chapter 2: Employee leave: Staying legal within the triumvirate of employment laws
Here, you will find that the overlap between ADA, FMLA, and WC has been organized in three separate steps.
A. The request for leave. B. The actual time off. C. The return to work.
These are the main categories where legal problems may occur. As such, this chapter is devoted to showing you how each event can be handled with the minimal opportunity for legal ramifications.
In particular, you would probably appreciate the guidance provided in terms of "Salary" during leave and reinstatement "twists".
Chapter 3: Accommodating obligations in the Bermuda Triangle of employment law
In this chapter, you will have questions about "accommodation obligations" answered. You are probably aware of this topic in terms of the ADA, but this Executive Briefing goes further by providing an explanation for this issue as it applies under the FMLA and WC. The particular issue covered in this chapter revolves around the "light duty requirements".
Chapter 4: Investigations, examinations, and inquiries: Documents and communications you need
I am sure you won´t be surprised to learn that "when it comes to medical inquiries and exams, certification, and fitness for duty, the ADA, FMLA, and Workers´ Comp all have something different to say on the subject".
In this chapter, you will get a better understanding of your rights and obligations at the pre- and post- offer stages in terms of medical inquiries and exams. You will also learn about "what certifications should contain" and the "re-certification requirements" to list but a few of the topics.
Chapter 5: Policies and procedures, documents, and forms: Bermuda Triangle legal lifesavers.
If you understand the importance of having strong and consistent policies and procedures in order to protect your company from legal action, you are on the right track. However, more importantly, you have to ensure that these policies and procedures don´t violate any of the three laws.
In this chapter, you will find legal and practical policy pointers, as well as forms and documents you need to sort out the record-keeping and positing requirements under the three laws.
Chapter 6: When other laws and regs float into the Bermuda Triangle
If the confusion over the Bermuda Triangle trio is not enough for you, consider the issues addressed in this chapter. You will learn the role played by laws like COBRA, ERISA, FLSA, NLRA, OSHA, PDA and Title VII. You will get answers to questions like, "When does the COBRA QE occur; and how is the maximum coverage period measured?"
A friendly warning: The information contained in this chapter is not for the faint of heart.
Chapter 7: Frequently-asked ADA, FMLA, and WC questions and answers
Having read the previous six questions, you have probably formed questions about the interaction of the three laws. Chapter 7 is where you will find the answers to those commonly-asked questions. For example, you will find out whether you can "legally refuse to hire a applicant with a contagious disease".
Chapter 8: The courts weigh in with Bermuda Triangle legal interpretations
In addition to the court cases included in the chapters throughout the report, the last chapter is dedicated exclusively to presenting court decisions that illustrate how judges approach the various issues on a case-by-case basis.
Special Features
In each chapter, you will find:
HR.COMmentary
I am sure you can appreciate the abundance of information contained in The Legal Bermuda Triangle: Avoiding Employee Lawsuits when ADA, FMLA, and WC Collide from this brief review. You will find a lot of valuable information and invaluable guidance for avoiding expensive lawsuits. The Executive Briefings is generally very well written. All the key issues are addressed in an easy to read and understand manner.
Comparing this Executive Briefing to a review of a similar report (FMLA, ADA & Workers´ Comp: Navigating the Treacherous Triangle), I find that reports like these are quite useful in getting you started to think about the key legal topics. It really is important to get a handle on your obligations so that you don´t find yourself in the midst of a lawsuit that could have been avoided.
The Legal Bermuda Triangle can serve as a great resource for when you feel overwhelmed with the various laws. You may find that the report has raised more questions than it has answered. Rather than being a bad thing, these new questions can actually help. In cases like these, knowing the right questions may actually be more important than finding the right answers.
About the Company:
Alexander Hamilton Publishing publishes newsletters, booklets, and loose leaf manuals targeted to top management, Human Resource directors, Personnel managers, front-line managers, and supervisors at small-to-medium sized firms.
The publications deal with all aspects of employment law and are written in a practical and easy-to-read style.http://www.ahipubs.com/ .