Complexity & Interplay among the ADAAA, FMLA, and WC

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CEU Approved

  • 90 minutes

There are times when the legal requirements of both FMLA and the 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, so which one takes precedence over the other? And where does WC come in?

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.

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

Session Highlights:

  • To review the intricacies of how WC, ADAAA, and WC intersect to provide employees’ coverage under these acts

  • To discuss the challenges in terminating an employee after they have expended their FMLA benefits without ignoring their rights through the ADAAA or state laws

  • To identify steps to follow when an employee fails to provide the requested and required medical certification

  • To explain the process in responding to an intermittent leave request that may include a potential ADAAA accommodation

  • To describe essential documentation guidelines to prevent liability

  • To outline best practices when conducting the legally required interactive process when determining an accommodation

  • To clarify a physical or mental impairment that substantially limits one or more major life activities based on the ADAAA

  • To discuss the criteria for essential job functions

  • To determine if and why you need a second or third medical opinion

  • To judge WC/ADAAA light duty restrictions while keeping FMLA intermittent and reduced scheduled leave viable

Why You Should Attend:

The webinar addresses laws that HR is responsible for upholding. When the laws are not followed, it increases the liability for the organization and interferes with a fair and equitable work environment for employees. The interplay among Workers’ Comp, ADA, and FMLA is confusing to many HR professionals, this webinar will help decipher the complexities.

Who Should Attend:

  • VP of HR

  • All HR directors, managers, and generalists

  • Supervisors

  • Managers

  • Director of Risk Management

Ask your question directly from our expert during the Q&A session following the live event.

Susan  Strauss

Susan Strauss

Dr. Susan Strauss is a national and international speaker, trainer and consultant. She has worked as a psychiatric nurse and her undergraduate degree is in psychology and human services. Her specialty areas include discrimination, harassment, and bullying; management/leadership development, and organization development. She is a registered nurse and has functioned as a psychiatric nurse. She works as an expert witness for discrimination lawsuits. Susan also trains and consults with business, education, healthcare, law, and government organizations from both the public and private sector.

Dr. Strauss has authored over 30 book chapters, books, and articles in professional journals. She has been featured on 20/20, CBS Evening News, and other television and radio programs as well as interviewed for newspaper and journal articles such as the Times of London, Lawyers Weekly, and Harvard Education Newsletter.

Susan has presented at international conferences in Botswana, Egypt, Thailand, Israel, Bali, Beirut and the U.S. She has consulted with professionals from other countries such as England, Australia, Canada, Beirut and St. Maartin, Israel, Bali, and Middle East. She has her doctorate in organizational leadership, is a registered nurse with a bachelor’s degree in psychology and human services, a master’s degree in community health, and professional certificate in training and development.

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This webinar has been approved for 1.5 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.

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