2017.03.09 when fmla enda and ada begins.pptx [read-only] · live webinar! convenient: lorman...

FMLA Extension:When 12 Weeks Is Not Enough

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This manual was created for online viewing. State specific information in this manual is used for illustration and is an example only.

mail: P.O. Box 509 Eau Claire, WI 54702-0509 • telephone: 866-352-9539 • fax: 715-833-3953email: [email protected] • website: www.lorman.com • seminar id: 399524

Beth Brascugli De Lima (Hirsch), MBA, SPHR-CAHRM Consulting, Inc

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FMLA Extension:When 12 Weeks Is Not Enough

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mail: P.O. Box 509 Eau Claire, WI 54702-0509 • telephone: 866-352-9539 • fax: 715-833-3953email: [email protected] • website: www.lorman.com • seminar id: 399524

Prepared By:Beth Brascugli De Lima (Hirsch), MBA, SPHR-CA

HRM Consulting, Inc

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“When FMLA ends, ADA begins. The FMLA/ADA Crossover: Coordination, Management, and Compliance Strategies”

Copyright 2013-Present Wolf Creek Holdings, LLC. Used Under License by Leave Management Solutions

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1Copyright 2013-Present Wolf Creek Holdings, LLC. Used Under License by Leave Management Solutions

HRM Consulting, founded by Beth Brascugli De Lima, helps companies understand and comply withthe many regulations and issues within the complicated realm of Medical Leave Management.

Beth is a certified senior professional member of the Society for Human Resource Management(SHRM) with a California specific certification SPHR-CA & a SHRM-CSP. She has been providingconsulting services to the business community, state, federal and county government as well as non-profits and school districts regarding ADA (Americans with Disabilities Act) and FMLA (FamilyMedical Leave Act) since 1992.

With a specialization in compliance with ADA, FMLA and Workers’ Compensation compliancerequirements, Ms. De Lima focuses on reducing potential liability and focusing on pro-activemanagement of Controlling Medical Absences.

Ms. De Lima is also regularly called upon to provide testimony for employment law litigation onHuman Resource Standards of Care as it relates to ADA, FMLA, Wrongful Termination, Retaliation,Harassment, and Discrimination cases for both federal and state plaintiff and defense cases.

Copyright 2013-Present Wolf Creek Holdings, LLC. Used Under License by Leave Management Solutions 3

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Integration of FMLA (and Workers’ Compensation) with your own

Company’s policies benefits and contracts.

Controlling Medical Absences, Curing Medical Certificates, Second Opinions,

Challenges with Intermittent Leaves, Integrated Policy Development


• Enacted in 1993, 2008- 2009 - new regulations addressing military family leave and revised FMLA leave forms and procedures and enhance the remedies employees may seek for FMLA violations.

• DOMA addresses "lawfully married” same sex spouses.• NOTE regarding documentation - you cannot ask for anything you would

not ask of a "traditionally" married person to confirm that they are "lawfully married.”


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QUALIFYING FOR FMLA: CALCULATION OF ENTITLEMENT PERIOD

Employer:

- Employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year.

- Also includes public agencies – State, Local and Federal employers and schools

Employee:

- Worked 12 months from the first day of leave requested and worked at least 1250 hours

- Work or report to a site with 50 employees within 75 miles. (not applicable for state, federal and pseudo government agencies)

Calculation: (DO YOU KNOW YOUR CALCULATION PERIOD?)

- Roll backward; Roll forward

- Annual – Calendar, Fiscal


Continuing Treatment by a Health Care Provider:

1. Incapacity for more than three consecutive days and any subsequent treatment or period of incapacity relating to the same condition; and

2. 2* or more treatments by a health care provider (HCP) or at least one treatment by a health care provider which results in a “regimen of continuing treatment” under the supervision of the health care provider.

* 2 occasions & more than 3 days of incapacity. 1st visit must occur in person with treatment. 2nd visit must occur within 30 days for onset. HCP must determine if 2nd visit needed

3. Chronic condition – defined as periodic visits to a HCP twice or more per year for the same condition.

4. Family member is “incapable of self-care because of mental or physical disability,” determined at the time the FMLA leave commences, not later.

*KEY* - ADA defined disability may lead to qualifying event under FMLA leave.

(Note the federal ADA disability definition expanded)


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• Temporarily Designate the FMLA Leave if you believe it qualifies as a Serious HealthCondition - pending receipt of the medical certificate.

• Employer has the right to designate leave as FMLA! Employee does not get tochoose to use or not use unless you have a specific policy allowing them thatoption.

• Then, designate the leave as FMLA upon receipt of the medical certificate.


If the employee is out sick and you know or should have known (THEY ARE ON WORK COMP LEAVE) that there may be a need for FMLA:

- Conditionally designate, pending the receipt of a medical certificate, confirming the need for leave and verification the leave is a FMLA qualifying event.

- Once you have received the medical certificate you will formally designate the leave, including any conditionally granted leave as FMLA i.e. the retroactive designation, as long as you responded within five days of the original request or knowledge of qualifying event.


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The individual notice requirements under Section 825.301(b) of the current regulations have been separated into two new notice requirements or phases: "eligibility" notice and "designation" notice.

In accordance with these changes, the current optional Form WH-381 ("Employer Response to Employee Request for FMLA Leave") was replaced with two optional forms, WH-381, to advise employees of their FMLA eligibility and the other, WH-382, to formally "designate" leave as FMLA leave.


• Once employer is on notice or acquires knowledge of potential qualifying need for leave due to a SHC, must provide EE notice of Eligibility and Rights and Responsibilities within five business days - FMLA (new regulations 2015) – employee has 15 days to return certificate.

• Designation notice confirming leave is due within five business days from receipt of sufficient information to determine qualifying leave, form WH-382 OR reasons for not granting leave.

If the employee is not eligible or has no FMLA leave available, the notice must indicate the reason(s) why: *KEY* this is where ADA Begins

Employee has not worked long enough to meet the 12-month eligibility requirement

Employee has not worked enough hours to meet the 12-month eligibility requirement

Employee already has used his/her 12-week FMLA entitlement during the relevant twelve months

Employee is NOT responding to request for medical certification (do you designate or not?)


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The Right and Responsibilities notice must include the specific expectations and obligations of the leave -can be sent via e-mail BUT NOT RECOMENED:

Requirement to provide medical certification – include medical certification form Job restoration rights upon expiration of FMLA leaveHow to pay premiums for continuing benefitsRight/requirement to substitute employer-provided paid leaveTaking unpaid FMLA leave if they do not comply with the terms and conditions of the

employers' paid leave policiesWhether an employer requires fitness-for-duty report or release to return to work form, THEN

INCLUDE the MEDICAL formStatement of the employee's essential job functions if the employer will require fitness-for-duty

certifications

*KEY POINT* THIS IS AN IMPORANT STEP EVEN IF NOT REQUIRING FITNESS FOR DUTY BUT JUST A RELEASE TO RETURN TO WORK AS YOU PREPARE FOR THE TRANSITION TO ADA IF THE FMLA IS EXHUASTED AND THE EMPLOYEE STILL REQUIRES LEAVE AND/OR

AN ACCOMMODATIONCopyright 2013-Present Wolf Creek Holdings, LLC. Used Under License by Leave Management Solutions 12

• The final regulations consider “interference” with employee’s FMLA rights to have occurred for failure to provide required written notices. Applies when deciding whether to retroactively designate.

• Expanded potential damages available for interference claims, include “any other relief tailored to the harm suffered.”


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• If an employer fails to timely designate leave as FMLA leave (i.e. within the five day notice window), retroactive designation is allowed where no harm or injury is caused.

• The employer may be liable; however, if the employee can show that he or she has suffered harm or injury as a result of the failure to timely designate the leave as FMLA.

• In all cases, employer and employee can mutually agree to retroactively designate.

Once the employer is aware leave has been taken (vacation/sick/PTO) for a FMLA qualifying purpose, employer must notify employee “promptly” (within two business days) barring

extenuating circumstances that the leave will be designated as FMLA


Calling in sick:

This is not considered sufficient notice to trigger FMLA obligation. A fuller explanation is required from the employee.

Employees must reference previously designated FMLA leave if leave is for the same reason.

Employee must comply with usual and customary procedures: May be required to contact a specific person pursuant to company policy Providing written notice of reason and anticipated start date for own or family member

SHC Estimated time to care for SHC of family member Family member, statement SHC warrants participation of employee to provide care

during a period of treatment or supervision NOTE: Must meet company’s own sick leave policy guidelines for PAID sick leave from


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• Best practice is to make the employee solely responsible at all times to provide ongoingmedical certification regarding the need for leave. The supervisor should not be calling the healthcare provider.

• Seek 2nd and 3rd opinions if there are doubts regarding the certificate. Keep clear, written recordsregarding why there is doubt.

DO NOT ACCOMMODATE UNDER FMLA -ACCOMMODATE UNDER ADA

• Seek recertification every 30 days if the original health care provider’s certificate doesn’t specifyhow long the condition is expected to last.

• Some exceptions to the 30-day recertification rule. If the circumstances of the employee’s conditionchange significantly or if you receive information that casts doubt on the stated reason for theabsences, you can ask for recertification even if it’s been less than 30 days since your last request.


Health Care providers seem to struggle with the Federal Form WH 380 when dealing with as needed, ongoing intermittent leave. They tend to check the need for single continuous, reduced work schedule and

intermittent and fail to include - frequency, duration, timing of episodic leave

*KEY* this will become a very important factor when evaluating the ability to accommodate the same SHC under the ADA once the FMLA is expired

HRM Consulting has created a medical certificate that is more user friendly and limits confusion based around the medical certificate. The form is easier to follow and even their medical staff can complete without causing confusion.


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• Ask employee to “Cure” the medical certificate – state in writing info needed to cure, due within 7 calendar days, additional 7 days is granted if employee notifies employer within first 7 days unable to obtain info with diligent effort

• Post 7/7 days, Company representative, not employee supervisor, can speak to the employee’s health care provider, with employee’s permission/HIPPA type form signed first/ no form, no info, can deny the portion of leave requested that exceeds existing certificate if medical certificate not “cured”

If you may also require a second medical opinion for employee:

• ER can request a second opinion and obtain a third opinion if the second opinion is different from the first opinion DO NOT ACCEPT LESS THAN ADEQUATE MEDICAL CERTIFICATES – justify in writing your need to cure


You can request re-certification: If additional leave requested beyond the expiration date of the initial leave period identify

on medical certificate

Every 30 days:o Unless original medical certificate indicates the minimum duration of the initial leave

request is more than 30 days, then wait until initial time expires

You may also request recertification more often when: There is a change of medical condition impacting the need for leave There is a request or usage of leave that exceeds the existing certificate Doubt is cast on the certification’s continuing validity In all cases, every six months, regardless of initial length of leave, including “lifetime”

conditions, except for injured Service member leave. Fitness for duty every 30 days if employee has used leave, safety concerns exist, included

in designation notice – cannot terminate employment while waiting for document


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• Cannot require an employee to take light duty in lieu of taking the leave

• If employer offers such a position, employee may choose to accept the position or continue on the FMLA leave

• Light Duty does not count against FMLA; job restoration preserved if using FMLA post light duty – if light duty post exhaustion of FMLA benefits, no restoration rights under FMLA – *KEY* think ADA, is this a temporary accommodation how are you treating light duty assignments, how long do they last?

• Employers can consider medical information obtained through ADA, paid leave or Workers’ Comp without violating the FMLA privacy rights


• If full week of leave, holiday counts as FMLA; but if business closed for week not designated

• If work only two days of a three day “holiday” week (think Thanksgiving) only days not worked counted toward FMLA – if EE did not work three of the five days and two days take off for holiday, then the full week is counted toward the FMLA

• Inability to work mandatory overtime – FMLA

• Varied work scheduled, average 12 months work week and use that for the basis of hours worked per week


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• Employee must make “reasonable effort” schedule treatment not to unduly disrupt operations

• Time increments can be limited to shortest period of time that an employer uses for his payroll system to account for absences or use of leave- employer may deduct time increment no greater than that used for other forms of leave, however no greater than an hour


Reasons for not restoring employee to the same position:

• An employee can no longer physically do previous or equivalent job

• While on FMLA leave, employee clearly states that he won’t be returning to work

• Employee’s job no longer exists because company has reorganized personnel while employee is out on leave (inspiration to reorganize cannot be due to employee’s leave)

• FMLA leave was falsely obtained by the employee

• Employer had started the process of termination before employee requested leave

• Employers do not have to restore key employees if it causes considerable and serious financial damage to the company, but must notify and provide opportunity to return to work

• Employees who go back to work at end of leave, work for a short period of time and quit

*KEY* When FMLA Ends ADA begins if the employee is still in the need of leave and/or a potential accommodation may be appropriate – with or without workers compensation


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Integration of ADA (and Workers’ Compensation) with your own Company’s

policies benefits and contracts.

Controlling Medical Absences, Undue Hardship Analysis/Research, Essential Functions Assessment,

Curing ADA Medical Certifications, Second Opinions and Policy and Procedure Modifications, Integrated Policy

Development


The Americans with Disabilities Act of 1990 prohibits employers, including government employers, fromdiscriminating against qualified individuals with disabilities in any part of the employment relationshipincluding the application process.

The ADA covers employers with 15 or more employees, including state and local governments.

ADA Amendments Act

The ADA Amendments Act was signed by President Bush in September of 2008. The bill essentially overturns a series of Supreme Court decisions that narrowed the scope of the Americans with Disabilities Act.

The ADAAA went into effect in January 1, 2009


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According to the ADA an individual with a disability is a person who:Has a physical or mental impairment that substantially limits one or more

major life activities;oTaking care of oneself, communicating, learning, working, includes bodily

functionsHas a record of such an impairment; or Is regarded as having such an impairment actual or perceived physical or mental disability


SUBSTANTIALLY LIMIT”

The disability does not need to limit MORE than one major life activity

An episodic impairment or an impairment in remission is a disability “if it would substantially limit a major life activity when active.”


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ADAAA – “MITIGATING MEASURES”Mitigation measures are NOT to be considered when determining if the impairmentsubstantially limits a major life activity. They cannot be used to deny someone ADAprotection.

These include but are not limited to… Medication, medical supplies, devices, prosthetics, hearing aids Assistive technology Reasonable accommodations Auxiliary aids or services Learned behavior or adaptive neurological modification

(Ordinary eye glasses and contact lenses are excluded from protection)


The expanded ADAAA definition protects an employee who is “subjected to” a prohibited action under the ADA due to “…an actual or perceived physical or

mental impairment.”

“Whether or not the impairment limits or is perceived to limit a major life activity.”


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Temporarily Designate the ADA Accommodation if you believe the medical condition qualifies the employee as aQualified Individual with a Disability. Be mindful of the ADAAA, ALWAYS err on the side of the employee.

HR professionals are NOT doctors. Require the employee to get clarification from their medical provider if you needmore information. Be specific about exactly what additional information you need.

Designate the ADA Accommodation, temporary or not, upon receipt of the medical certification AND/OR,

ENGAGE IN AN INTERACTIVE GOOD FAITH MEETING TO DETERMINE YOUR ABILITY TO ACCOMMODATE. Then document results and send notification.

*KEY* Employer is not required to accommodate work restrictions under the FMLA. FMLA is LEAVE, notaccommodation. If there is a medical accommodation required, this is an ADA issue NOT a FMLA issue.


The employee must let the employer know that an adjustment or change at work is needed due to a medical condition

The employee does not need to mention the ADA or use the words "reasonable accommodation"


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Request the employee sign a medical release allowing the employer to obtain informationregarding the medical condition as it relates to the employee’s ability to perform the essentialfunctions of their job.

Seek medical confirmation regarding the essential functions of the job the employee is unableto perform. If the original health care provider’s certificate doesn’t specify WHAT functions theemployee is unable to perform OR what specific accommodation(s) are required (light duty is notspecific enough), request the employee obtain clarification. You do not have to settle for Workers’Compensation medical certificates.

Employers should not call the doctor except for clarification (unless employee requestsassistance with gathering data). Best practice is to make the employee solely responsible at alltimes for providing ongoing medical certification regarding the need for leave.


Seek 2nd and 3rd opinions if there are doubts regarding the certificate.

Utilize the same method as the FMLA 2nd and 3rd opinions. Keep clear writtenrecords regarding why there is doubt. DO NOT go down this road unless you havebeen unsuccessful in requesting and obtaining information first, by asking theemployee to speak with their health care provider to provide you neededinformation. Always be specific about exactly what additional information youneed.


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Conditionally designate the accommodation if appropriate.

Schedule a meeting with the employee as soon as you are aware of the need for a potential accommodation.

Require medical certification that will confirm the need for the accommodation Get specific and send the job description WITH physical and mental requirements of the

job, do addendum if not on your current job description Ask for what tasks the employee can do with or without an accommodation This is includes confirming a reasonable expectation when they will return to work date


Engaging in the interactive process helps organizations identify reasonable accommodations to offer to their employees

Document the conversation and have the employee sign in acknowledgement of notes taken as accurate

The documentation will be important evidence that the employer engaged in an “interactive process” and acted in good faith


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Document,Document,Document

You must document your research to attempt to identify an accommodation as well as whetherthe accommodation will be an undue hardship or not. This document will not be provided tothe employee, but will be kept in their employee file.

HRM Consulting has created a form to document this process with handy guidelines to help youdetermine the correct conclusion.

During each Good Faith Interactive meeting someone from the company should be taking notes• Everyone in attendance, including the employee, should sign these notes prior to endingthemeeting


ADA COMPLIANCE STRATEGIES 1) Proactively respond to employees who may need an

accommodation—If you know, or should have known 2) Understand what the restrictions are to performing

the Essential Functions3) Existing Employee can be required to participate in

post offer pre-hire testing and return to work assessments if: Moving from one position to another and ALL employee’s and applicant are required to participate

in the same testing

Return to Work post Medical Leave (FMLA – specific to reason for leave) Workers’ Compensation –if all other similarly situated employees must be tested


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• 430% increase in employment litigation in the last20 years. (Fed Level)

• EEOC has seen close to 100,000 fillings a year forthe past 4 years

• WC Attorneys involvement tripled since 1987,tripled litigation cost.

• Up to 85% of EEOC ADA claims involve existingemployees.

• Increase from 5 million to 50 million in monetarysettlements by EEOC for fundamentally sameamount of claims.

• ADA&FMLALitigation• Absenteeism&ExcessHealthCareCost• Disability&Workers’CompensationClaims

• AbuseofFMLAIntermittentLeave• PoorMorale• EEOCComplaints• Injuries• DiminishedWorkQuality andProductivity

Consequencesofnotmanagingmedicalleaveeffectively:


Compliance

Integration

Communication (KEY)

Follow-up

Performance Management

Consistency

AProvenMethodforManagingMedicalLeaveandControllingMedicalAbsence


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FMLA– ADA and Workers’ Compensation all impact your company operations.

How do you convince management that this is something that they really need to be paying attention to?

Your biggest exposure is going to come from your own non-HR supervisors.

BEWARE!


FMLA, ADA & Workers’ Compensation all have different compliance requirements

IMPLEMENT ALL OF THEM – concurrently, when ever possible.

Don’t forget about your company policies, union contacts and MOU’s

Taking care of FMLA does NOT protect you under ADA

When FMLA ends, ADA begins, when they both end / in-active status WC, or termination

Provide employee timely eligibility & leave designation notices

Inform the employee of your reporting requirements, if you require a RTW release, how

leave is calculated, and notification of exhaustion of benefits

COMPLIANCE


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Inform employee in WRITING if need to “cure” the medical certificate, (7 + 7 days)

Always make the employee solely responsible for providing ongoing medical

certification confirming the need for leave to avoid discrimination and violation of HIPPA

Defining the Essential Functions of the Job and provide this to the EE to give to the

medical provider to review prior to completing the medical certification / form

• Request Employee provide FMLA & ADA specific medical certifications

• Have employee sign Medical Release if you are requesting the Medical Provider disclose the underlying

diagnosis

• The supervisor should never contact the medical provider, HR maybe…depends

COMPLIANCE


Leave Policies Consistent

Policies indicate leaves run concurrently where applicable - FMLA, Workers’

Compensation, medical, personal, Pregnancy Related Disability , etc.

Employment Application with ADA language

Job Description has essential functions

INTEGRATION


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Physical Abilities Assessment at hire

Concurrent Leave Designation

Implementation of Performance Management System

Timely notification of potential loss of any leave benefit

Clear notification of intent to terminate if non-compliant

INTEGRATION


COMMUNICATION IS THE KEY


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Provide Employee Essential Function Job Analysis – with physical and mental requirements Ensure employees are aware of the consequences of not providing

requested documentation Ensure employees know how to report an intermittent leave, request

leave, notify you of RTW

COMMUNICATION


Be clear when medical benefits expire and how to pay co-pay (1st dayof the month after the unpaid leave begins)

Conditionally designate FMLA or ADA, pending medical certification

Employer has right to designate FMLA without employee agreement ifemployee is eligible

COMMUNICATION


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Send second and final notifications as needed if medical certification is not provided or is NOTCLEAR

Ask employee to get additional information, FMLA – state in writing exactly what is needed tocure, due within 7 calendar days,

Employee gets additional 7 days if employee notifies employer within first 7 days unable to obtaininformation with diligent effort

FMLA - Post 7/7 days, company representative, not employee supervisor, can speak to theemployee’s health care provider, with employee’s permission/HIPPA form signed (not HIPPAmedical info)

COMMUNICATION‐MedicalCertificates


No signed form, no info, can deny leave (Intermittent vs. weeks, designate anyway?)

Request re-certification when med cert expires, every 30 days, or when in doubt on thecertification’s continuing validity

Use the FMLA guidelines for ADA medical certification request

COMMUNICATION‐MedicalCertificates


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Communicate the transition to employee BEFORE FMLA expires

Provide an ADA specific medical certification form

Engage in a Good Faith, Interactive Processes

Hold a Good-Faith, Interactive Meeting with your employee in-person when at all possible

Think twice about having the supervisor in the room for the meeting, NOT recommended

WhenFMLAEndsADABegins

COMMUNICATION


Do not make decisions without employee’s participation

Research, look at the Job Accommodation Network

Discuss what you find with employee, ask for their input

Take detailed notes, and have them sign BEFORE they leave the meeting

Keep in contact and keep detailed records

Use the 3 step method to TERMINATION if employee is not acting in Good Faith

Let the employee know they will be fired or lose their protection

WhenFMLAEndsADABegins

COMMUNICATION


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THE EMPLOYEE OF EACH CHANGE - Before it Happens!

• Medical certificate expiration dates • Return to work dates• How to call in or document intermittent leave usage• Intermittent leave use is not meeting medical certificate guidelines• Concurrent use of or transition from one leave to another including FMLA, Workers’ Compensation, ADA,

your company’s policies, union or school policies• Transition from FMLA to ADA• When FMLA and ADA no longer apply with Workers’ Comp, use inactive status designation

As soon as FMLA ends, and an accommodation is needed (including leave), you should be

temporarily designating accommodation as ADA


FMLAEnds…ADAAccommodationisnowanUndueHardship• ScheduleaGoodFaithMeetingwiththeemployeetodiscusstheendoftheaccommodation• Iftheemployeedoesnotalsohaveaworkers’compensationclaimyoumayterminatetheemployeeatthis

stage• Alsodetermineiftheywouldbeeligibleforrehireandsharethisinformationwiththem• Completeyourseparationpackageandprocesswiththeemployeeduringthesamemeeting

• Iftheemployeeisalsoaworkers’compensationclaimant:• Verifyifyourcompanyhasan“inactivestatus”andifso,youwillplacethemonit• Theirposition willnolongerbeprotected,buttheiremployment willbe• Theymustkeepincontactandprovideupdatedmedicalcertificates• Youwillholdagoodfaithmeetingwiththemeverytimethemedicalcertificaterestrictionschangeto

determineifyoucanaccommodateatthatpoint

INFORM


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Document, Document, Document

HRM has both generic and customizable letters and forms that go way beyond the DOL FMLA forms to maximize compliance and minimize litigation risk.

FOLLOW THE BOUNCING BALL…

AS SOON AS YOU DROP IT YOU ARE OUT OF CONTROL OF THE LEAVE

Proactively reach out to the employee when the medical certificate is about to expire or they should RTW or they are not complying with the existing medical certificate.

Don’t Wait!

______________________________________________


COMMUNICATION is the KEY

Communicate the TRANSITIONS BEFORE THEY HAPPEN

EMPLOYEES WILL HOLD YOU SOLELY RESPONSIBLE FOR BEING IMPACTED

BY YOUR COMPANY’S COMPLIANCE WITH THESE REGULATIONS

ESPECIALLY IF THEY ARE NOT INFORMED BEFORE THEY ARE IMPACTED

You will never want to place an employee in the position of having their leave become unpaid, losing medicalbenefits, and/or losing a return to work opportunity because you did not communicate to them what the nextstep would be.


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Medical leave related policies need to be consistent regarding medical certificate requirementsand return to work release, whether Workers’ Compensation claim or not (could include physicalability assessment)

Verify that company letters and requests for information are consistent for all types of medicalleaves

Apply the time frames for providing and clarifying medical certificates

Require consistent rules for reporting of FMLA and ADA leave for call-ins or leave requests

Application of performance management consistent for ALL employees, no special considerationunless a documented part of the reasonable accommodation

ALWAYS LET THE EMPLOYEE KNOWN WHEN THEY ARE ABOUT TO LOSE THEIR JOB AND WHAT THEY CAN DO TO PREVENT IT BEFORE IT IS TOO LATE

Don’t be afraid to use the “F” word…as in “You will be FIRED”

CONSISTENCY


SUMMARY

• Comply with ALL leave regulations and document, document, document!

• Integrate your leave and your policies (FMLA / Work Comp / medicalleave/personal leave/ADA /Sick /Vacation/ PTO)

• Communicate when FMLA ends and ADA begins - engage in theinteractive process

• Follow-up and maintain contact, and calendar all dates

• Consistency with applying all leave policies in regard to medicalcertification, return to work release, and medical benefits


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Visit Us: leavemanagementsolutions.com OR hrmconsulting.com

Email Us: [email protected]

Call Us: 866.838.7188

LeaveManagementSolutions.com provides employee leave case management services, Forms, letters, checklists, flow charts, training andHR Leave Administration / Accommodation training through one-on-one coaching, policy and procedure development, managementtraining, and implementation support services via on-line meetings/webinars.

Want to take the confusion and stress out of Medical Leaves/Accommodations? Call us to arrange a 15 minute Discoveryconsultation so you can see if our tools, training and consulting fit your needs and your budget.

Need Simple and Effective pre-written FORMS & LETTERS with EZ step-by-step instructions? LeaveManagementSolutions.comprovides a membership site to provide the ADA and FMLA, pregnancy, and Work Comp resources you need.

• Call or e-mail now for a demo and info on how to get access to online or live training! (Call to ask about our new live one ½ dayADA Master class.)

JOIN US FOR MONTHLY HRIC /SHRM CERTIFIED CREDIT MEETINGS THE 2 & 4 WED OF EVERY MONTH FOR TIMELY ANWSERSTO YOUR MOST PRESSING QUESTIONS AND BEST PRACTICE LEAVE/ACCOMMODATION GUIDANCE AND [email protected] FOR INTORDUCTORY MEETING PRICE


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