Date and Time: 12/15/2020 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.
Employees are returning to work under a cloud of uncertainty. Covid-19 infections are increasing, and if this weren’t enough for your jittery employees to deal with, add the stress of the holiday season and worries about how bad the winter influenza season will be to the list of mental health challenges many of your employees are facing. Further, this all comes on the heels of a hard-fought election season which has left many people with hard feelings and suspicions. Put it all together, and its obvious the “new normal working environment” is anything but normal for your employees, and their mental health is suffering.
The mental health of their employees has become a major concern of employers. Many employees are suffering from depression or other mental health disorders because they cannot make sense of what they see happening around them. Employers are wondering what tools they have for dealing with employee mental health issues and what current regulatory requirements allow them to do.
There are several tools available to employers for addressing employee mental health issues. The ADA provides guidance for addressing issues around the mental health and psychological disabilities of your employees. The federal FMLA and state FML laws allow for leave for workers suffering from documented mental health issues. State workers comp may also be available. The risk for employers is that they do not step over the line when identifying an employee who is suffering. HR must understand how to correctly use the ADA interactive process to identify and counsel a worker, while not violating the privacy rights of the employee, and crossing into territory that could spell potential liability for the employer.
Please join Dr. Jim Castagnera, attorney at law, as he discusses federal ADA requirements relating to employee mental health and psychological disabilities, and leave options which are available under the federal FMLA, state FML laws, and potentially state workers, compensation rules. He will also discuss the tools the ADA and FMLA give employers for dealing with mental health and psychological disability issues while not violating HIPAA and other privacy requirements.
During this webinar Dr. Castagnera will discuss:
- An overview of mental and psychological problems in the American workplace
- The impact of COVID-19 on workplace mental and psychological disabilities
- How the Americans with Disabilities Act treats mental and psychological disabilities
- Mental and physical disabilities under the Family and Medical Leave Act
- The Genetic Information Nondiscrimination Act’s impact
- The role of HIPAA and confidentiality, including therapist/patient privilege
- Workers’ compensation and mental/psychological illnesses
- Accommodation alternatives under the ADA
- Practical guidance for using the ADA interactive process when dealing with mental health and physical disability issues
- ADA definition of a disability
- Employer sponsored counseling sessions
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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