Time: 1 pm eastern
Run Time: 90 minutes
Leader: Jim Castagnera, Attorney at Law
Credits: Awarded 1.5 credit hours by HRCI and 1.5 PDCs by SHRM
Price: Webinar $295; Webinar + download $395 (Share the download with your colleagues)
Audience: HR, benefits, finance, managers and supervisors, CEOs, in-house counsel
During normal times, the coordination of employee benefits is complex, ever changing, and difficult because of the overlapping requirements of various federal and state laws. Now, during the waning days of the pandemic, compliance is even more problematic because of the temporary employee-benefits-related federal and state pandemic-relief measures which have been enacted since 2020.
The FMLA, ADA, and individual state workers’ compensation laws comprise what is referred to as the “Bermuda Triangle” of leave requirements. And, although technically not part of this Bermuda Triangle, GINA, the federal Genetics Information Nondiscrimination Act, represents an additional federal requirement that has assumed new significance in the pandemic-driven legal landscape.
Additionally, since early 2020 numerous COVID-related federal and state laws have also been enacted. Their purpose was to provide temporary relief for those workers adversely impacted by the pandemic. Some of these temporary measures are still in force today including: the unemployment-comp provisions of the American Rescue Plan Act (ARPA), the voluntary application of the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPLEA).
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, state workers’ compensation laws and one or more of the pandemic-era federal relief measures 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 the current return-to-the-workplace environment.
Please join experienced labor and employment lawyer Dr. Jim Castagnera, as he pilots you step-by-step through the Bermuda Triangle of leave laws and pandemic related relief measures with hands on guidance for understanding and navigating the complicated, overlapping, and sometimes conflicting requirements.
During this informative webinar Dr. Castagnera will discuss:
- Compliance requirements of the FMLA, ADA, GINA and typical state workers’ comp statutes
- Applicable pandemic-era federal requirements: ARPA, EFMLEA, EPLEA
- Interaction between the FMLA, ADA, state workers comp, GINA, and the various temporary pandemic-related federal statutes
- 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 overlap among them.
- Review of EEOC and Department of Labor guidance on complying with the Bermuda Triangle of laws and temporary federal pandemic-related requirements
Jim Castagnera holds an M.A. in journalism from Kent State University, and a J.D. and Ph.D. (American studies) from Case Western Reserve University. He worked 10 years as a labor, employment, and intellectual-property attorney with Saul Ewing Arnstein & Lehr and 23 years as associate provost & legal counsel for academic affairs at Rider University, where in 2018 he received the university’s highest annual award for distinguished service. He also did stints as a full-time law professor at UT-Austin and Widener University Law School.
Having retired from Rider in 2019, he is engaged in a portfolio of activities: member and chief consultant of Holland Media Services LLC, a communications and training company with offices in Philadelphia and Los Angeles; member of Portum Group International LLC, a cyber security & privacy consulting firm in Philadelphia; of counsel to Washington International Business Counsel; and adjunct professor of Law in the Kline School of Law at Drexel University.