Description
Learn how to determine if a mental health condition constitutes a serious health condition under FMLA andor a disability under the ADA.
The rapid rise of mental health issues from employees and applicants now confronts employers with a variety of complex FMLA and ADA issues and potential claims. Increasing diagnoses of anxiety, depression, posttraumatic stress disorder, seasonal affective disorder, bipolar disorder, and similar disorders pose many challenges for employers trying to navigate the oftenturbulent waters of the FMLA and ADA. Determining when a mental health condition constitutes a serious health condition under FMLA andor a disability under the ADA is often neither obvious nor instinctive. Knowing how to identify a covered condition is, of course, only the starting point. Next, employers need to be sure they have the right FMLA and ADA policies in place. Then there is the critical point at which the employers policies must be applied to oftentimes convoluted factual settings. There are new complexities to telework as a reasonable accommodation after the COVIDrequired remote work experience. This program will provide the tools for employers to assure they have the necessary policies and guidance to address significant FMLA and ADA obligations while not unduly affecting productivity and placing unwarranted and unfair burdens on those who work with an employee with FMLA andor ADAcovered mental health issues. In so doing, employers will have the ability to avoid or successfully defend mental healthbased FMLA and ADA claims.
Date: 2023-05-02 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
* You will be able to identify employee mental health issues that trigger FMLA and ADA rights for the employee and employer obligations.
* You will be able to describe how to assure the employer has the necessary policies in place and the knowledge to apply the policies properly to difficult factual settings.
* You will be able to discuss how to navigate situations involving rights and obligations under both FMLA and ADA where workers compensation and local leave laws may also complicate the situation.
* You will be able to explain how to take appropriate proactive steps to have a workplace where potential exposure to claims of FMLA and ADA missteps and violations is minimized.