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The Complexity & Interplay Between ADAAA, FMLA, and Workers' Compensation—How Do They Work Together? (HRMO65C)

Presented by: Dr. Susan Strauss, Ed.D.
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60 minutes
Event Description
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The Nexus Between ADAAA, FMLA and Workers’ Compensation—How They Apply to Work Situations!

How are we supposed to keep it all straight when there are times when the legal requirements of both Family Medical Leave Act (FMLA) and the American Disabilities Act Amendment Act (ADAAA) are similar, yet at other times one law contradicts another? We find that we can’t comply with both laws at the same time, and it’s hard to understand which one takes precedence over the other, or where does workers’ compensation (WC) comes into the equation.

To complicate matters even more, WC is a state law, while FMLA and ADAAA are federal laws, and there are other state civil rights laws that also impact FMLA and the ADAAA. Consider that an injury under WC may also be a “serious health condition” under FMLA. State laws may differ from federal laws by covering additional health conditions, may apply to small organizations, or may cover situations in which the federal laws have no say such as domestic abuse.

As HR, we have the responsibility of sifting through these laws to ensure that we comply with each law that provides the best benefit to our employees. These laws provide entitlements to our employees which means they are not considered an optional benefit. So, even if you fail to apply the law to your employee, they can claim protection anyway. For example, if you fail to provide appropriate leave under FMLA, that does not remove the employee’s right to a job-protected leave. The ultimate goal of all three laws is to assist the employee to return to work.

This presentation by expert speaker Dr. Susan Strauss will discuss financial-costs related to absenteeism, turnover, liability based on civil rights laws, and costs related to investigations.

Ensuring compliance with FMLA can be frustrating for many HR professionals who are uncomfortable with the Act. This leads to litigation. Then, to add the ADAAA legal requirements adds to the confusion which can also lead to discrimination under civil rights law. Sometimes sprinkled in with FMLA and the ADAAA is WC – the nexus among the three legal requirements, especially as it relates to leave, medical certification, and getting the employee back to work as quickly as possible, can be daunting. This webinar will separate the three laws and examine how each law applies to work situations.


  • Get tips to identify the top ten FMLA leave mistakes
  • Chart comparing WC, ADA and FMLA

Session Highlights:

  • Intricacies of  how WC, ADAAA, and WC intersect to provide employees’ coverage under these acts
  • The challenges in terminating an employee after they have expanded their FMLA benefits without ignoring their rights through the ADAAA or state laws.
  • Identify steps to follow when an employee fails to provide the requested and required medical certification.
  • Understand the process in responding to an intermittent leave request that may include a potential ADAAA accommodation.
  • Essential documentation guidelines to prevent liability.
  • Best practices when conducting the legally required interactive process when determining an accommodation.
  • Physical or mental impairment that substantially limits one or more major life activities based on the ADAAA.
  • The criteria for essential job functions.
  • How to determine if you need a second or third medical opinion?
  • Judging WC/ADAAA light duty restrictions while  keeping FMLA intermittent and reduced scheduled leave viable.

Who Should Attend

Human Resources and managers in all industries

About Our Speaker(s)

Dr. Susan Strauss | Workplace Harassment  SpeakerDr. Susan Strauss Ed.D.
Dr. Susan Strauss is a national and international speaker, trainer, consultant and a recognized expert investigator on workplace and school harassment and bullying. She conducts harassment and bullying investigations and functions as an expert witness in harassment and bullying lawsuits. Her clients are from business, ... More info

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    Event Title: The Complexity & Interplay Between ADAAA, FMLA, and Workers' Compensation—How Do They Work Together?
    Presenter(s): Dr. Susan Strauss, Ed.D.

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