Date and Time: 12/08/2020 at 1 pm eastern
Run Time: 90 minutes including Q & A session
Leader: Dr. Jim Castagnera, Attorney at Law
Credits: Awarded 1.5 credit hours by HRCI
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, benefits, finance, managers and supervisors, IT, CEOs, in-house counsel, etc.

WEBINAR DESCRIPTION

The coordination of employee benefits is complex, ever changing, and made even more difficult by the overlapping requirements and interactions of several of the relevant laws. Coordination of benefits is even harder in the Covid-19 Pandemic as more employees seek new and more creative ways to qualify for leave. The FMLA, ADA, and individual state workers’ compensation requirements comprise what is traditionally referred to as the “Bermuda Triangle” of leave requirements.  Each, by itself, poses a significant compliance challenge for HR, but as a group, the overlapping provisions of these laws, just adds to the compliance challenges HR must deal with on a daily basis.

In addition, the FFCRA, if allowed to expire at the end of 2020, includes added leave requirements which employers must comply with and coordinate with other leave requirements.  And, although technically not a part of the so-to-speak Bermuda Triangle, GINA, the federal Genetics Information Nondiscrimination Act, is one example of law, along with the ADA, under which employees may attempt to claim medical leave for genetic conditions that they or their family have that potentially leave them more at risk in the current work environment.

An employee’s leave request may be straightforward and require the application of only one leave law, but that often is the exception. More often, the FMLA, the ADA and state workers’ compensation laws will overlap or even conflict.  Consequently, an employer must know what is required under each of these laws, the complications of each. and how they interact – and all of that becomes even more complicated in this pandemic environment.

Please join experienced labor and employment lawyer Dr. Jim Castagnera, as he guides you step-by-step through the Bermuda Triangle of leave laws with hands on guidance for understanding and navigating these complicated, overlapping, and sometimes conflicting requirements.

PROGRAM HIGHLIGHTS

During this informative webinar Dr. Castagners will discuss:

  • Basic compliance requirements of the FMLA, ADA, FFCRA, GINA and typical state workers’ comp statutes
  • Areas of overlap between the various laws comprising the Bermuda Triangle and FFCRA
  • Frequent coordination of benefits employer blunders and how to recognize and avoid them
  • Practical hands-on guidance and a checklist to help you analyze the separate provisions of these laws and the interaction between them.
  • State workers’ compensation requirements for employers operating in multiple states–given that workers comp requirements are not uniform between states
  • Continuing compliance with FFCRA if the law is allowed to expire at the end of this year
  • Review of the latest EEOC and Department of Labor guidance on complying with the Bermuda Triangle of laws in the context of COVID-19 and the winter influenza season.
  • Suggestions for responding to employees who may be personally sicker, have family members who are, or may have greater concerns about themselves or family members and be more likely to seek leave during the coming winter months
  • Your available options for tracking employees’ FMLA leave and how to compute time used. How to count the 12-month period for FML purposes
  • Rules for calculating intermittent leave under the FMLA and its Extension Act
  • State FML and paid-leave laws
  • What qualifies as a disability under the Bermuda Triangle laws and the actions required to keep your company out of trouble.
    • How is a “serious health condition” defined under the ADA and what impact does that have for an employer?
    • Who is a “qualified individual with a disability” and what are the employer’s obligations?
  • Under what circumstances must an employer provide additional leave as a reasonable accommodation under the ADA, even if other leave has been provided.
  • Who is an employee and who is an independent contractor and its role in determining eligibility for FFCRA benefits?

PROGRAM LEADER

Dr. Jim Castagnera is an employment and labor attorney with more than 36 years’ experience. He is a sought-after speaker on coronavirus and other HR-compliance topics, an experienced professor, successful author, and accomplished consultant who assists his clients in meeting their current HR compliance challenges with clear and practical solutions. He holds a JD and a PhD from Case Western Reserve University. Following ten years as an employment and labor lawyer with a major Philadelphia law firm, he served for 23 years as in-house legal counsel at Rider University. With 20 published books, mostly on HR-law topics, he teaches HR compliance in Drexel University’s Kline School of Law and is the chief consultant of Holland Media Services, with offices in Los Angeles and Philadelphia.

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