managing-employees-during-pandemics-what-the-ada-fmla-cdc-regulations-say

Managing Employees during Pandemics : What the ADA, FMLA & CDC Regulations say

Live Webinar

  • 60 minutes

Coronavirus has shown that it can spread quickly through a population, infecting thousands. It can ring the death knell for your organization or be only a bad speed bump that slows you down as you roll over it. It depends upon whether or not you act now and act decisively. Taking action will require significant advance planning, and management decisions affecting your employees will always require a balance between what’s good for the business while not violating employees’ rights. Just how far can employers go to keep their businesses operating during a Coronavirus (or an Influenza) outbreak and not violate the ADA, FMLA, Title VII, and/or other state and federal laws? 

Join this session by expert speaker Jim Castagnera, Labor and Employment Attorney of 36 years’ experience, as he explains what employee-related actions the ADA, FMLA, CDC, and other relevant federal regulations permit employers to take before, during, and in the aftermath of an outbreak.

Session Highlights:

  • Updates and Guidelines from the WHO, the CDC, the OSHA, and state health authorities

  • Permitted employer actions under the ADA, FMLA, Title VII and other federal and state statutes and regulations

  • The important ADA concepts of “disability-related inquiries,” “medical examinations,” “direct threat,” “undue hardship, and other similar terms

  • Acceptable Teleworking arrangements

  • Leave policies and the FMLA

  • Questions employers will need answers to ask, such as:

o    If an employee calls in sick what can an employer ask regarding the nature of her/his illness?

o    Can an employer take the body temperature of an employee?

o    Can an employer tell an employee to stay home if they are exhibiting symptoms?

o    Can an employer send an employee home involuntarily?

o    Upon the employee’s return to work, can an employer require a doctor’s certification?

o    Can an employer require employees to take influenza vaccinations?

o    During a pandemic, does an employer need to keep providing accommodations to an employee with a known disability? 

o    Can an employer require a new hire to have a physical examination?

Why You Should Attend: 

There are many questions arising like, what can you do if an employee shows up at work with a cough, a temperature, or has been exposed to someone who’s sick? Can supervisors send employees home is believed to be ill? What if co-workers refuse to work next to someone who appears to be sick? Must you pay workers who are sent home?  Do they have to take leave - paid or unpaid? How far can your questioning go without invading an employees’ privacy? Can you take an employee’s temperature or require them to wear a face mask? Can you be accused of discrimination if you insist that someone must go home? What kind of telecommuting arrangements will work? And, perhaps most importantly, what are the best practices for preventing an outbreak at your facilities? If you are going to be able to fight back against a virus outbreak, you’ll need answers to these and other similar questions. 

Who Should Attend:

  • HR Professionals

  • Administration

  • Safety & Security Professionals

  • OSHA Personnel

  • Compliance Professionals

  • ADA & FMLA Coordinator

  • Risk Manager

  • HR Manager/Director/Supervisor


You may ask your Question directly to our expert during the Q&A session.

** You can buy On-Demand and view it at your convenience.

Jim Ottavio Castagnera

Jim Ottavio Castagnera

Dr. Jim Castagnera, Esq. holds a JD and a PhD from Case Western Reserve University. He spent 10 years as a labor, employment and IP lawyer with the major Philadelphia law firm Saul Ewing, before entering higher education. For the past 22 years he has been legal counsel and associate provost at a central New Jersey university. He also is the principal consultant and co-owner of K&C HR Enterprises/Holland Media Services, which provides writing, educational and consulting services to its clients, primarily in business and employment law, higher education/non-profit law and policy, and enterprise risk management.

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This webinar has been approved for 1 HR (General) recertification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute. The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.




Edupliance is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1 PDC for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

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