Absence Makes You a Goner: Dealing with Employee Leave

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1. z Absence Makes You a Goner Navigating the Bermuda Triangle of Employment Law, the ADA, FMLA and Workers Compensation Absence Makes You a Dealing with Employee Leave Presented by Brendan Feheley June 24, 2015 2. z Navigating the Bermuda Triangle of Employment Law ADA, FMLA + Workers Compensation 3. z Defining the Sailing into the Tips for Escaping the Our Agenda 4. z DEFINING the Sides of the Triangle 5. z Workers Comp Gives you pay due to work-related injury *Short-Term Disability? ADA Gives you right to a reasonable accommodation FMLA Gives you the right to be off work for 12 weeks 6. z FMLA UNPAID LIMITED TIME PERIOD ONLY FOR CERTAIN REASONS CAN BE BLOCK OR INTERMITTENT ELIGIBILITY REQUIREMENTS 7. z WORKERS COMPENSATION ALL EMPLOYEES ELIGIBLE PAYS MEDICAL BILLS NO RIGHT TO EMPLOYMENT LIMITED SCOPE OF COVERAGE 8. z ADA ALL EMPLOYEES ELIGIBLE SUBSTANTIAL LIMITATION OF MAJOR LIFE ACTIVITY REQUIRES DIALOGUE REASONABLE ACCOMMODATION CAN MEAN ANYTHING 9. z SHORT- + LONG-TERM DISABILITY DEFINED + DRIVEN BY PLAN DOCUMENT NOT LEGALLY REQUIRED MAY HAVE EMPLOYEE CO-PAYS + ELIGIBILITY REQUIREMENTS COMPENSATION FOR EMPLOYEES ON LEAVE 10. z SAILING into the Triangle 11. z Incident at work BRUCE + KRIS Workers Comp? Fight now or pay later Hypothetical ISSUE: FMLA? Eligibility? PT? ADA? 12. z Light Duty Offer BACK INJURY Workers Comp? Bruce + Kris: The Saga Continues Required? Working outside restrictions FMLA? ADA? 13. z FMLA Paperwork: ADA? First report of injury Bruce + Kris: To the Beginning 3 months off Witnesses? Medical Records? 14. z Where are you getting them from? MEDICAL RECORDS Short-Term Disability? Bruce + Kris: Medical Records Objective medical evidence is KEY Prior injury? Substantial Aggravation? Pain Meds Drug Testing? 15. z FMLA time remaining? What happens after? SURGERY Fight now or pay later? Bruce + Kris: 10 Weeks Later Bruces managers reaction? ADA? Termination? 16. z KRIS PSYCHOLOGICAL CONDITION Transfer? Bruce + Kris: Its a Family Affair Work from home? WC? FMLA? ADA? 17. z Recovering but needs more weeks BACK INJURY Exam? Bruce + Kris: Back to Bruces Back Reasonable Light duty options? Bruces role in treatment 18. z Indefinite Leave? RESTRICTIONS? Framing the conversation Rehire Bruce + Kris: Season Finale 19. z A Word About PREGNANCY + Not ADA + Conditions associated with it can be + Most favored nation status? + FMLA issues + Pregnancy Discrimination Act 20. z ESCAPING the Triangle Alive Tips for 21. z Handling Absences Know your policies + how they interact Know what forms of documentation you have + what you can get from them Job Descriptions Incident Reports Witness Statements Interactive Process FMLA Forms Others? 22. z Engage with employee early + often Press doctors whenever possible Light duty is a 2-way street Know employees responsibilities 23. z Watch out for repeat offenders Attendance still matters Be very careful about telecommuting Sometimes you have to pick your poison The best action for handling a WC claim may not be good for ADA! 24. z Thank You! Brendan Feheley, Director Kegler Brown Hill + Ritter bfeheley@keglerbrown.com keglerbrown.com/brendanfeheley 614.462.5482

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