surviving the workplace while surviving cancer

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KG L 1275 GLENLIVET DRIVE , SUITE 100 ALLENTOWN , PENNSYLVANIA 18106 TEL: 484.224.3059 | FAX: 484.224.2999 [email protected] www.KamberLawGroup.com Find Us on BUSINESS LAW EMPLOYMENT LAW SOCIAL MEDIA LAW HIPAA INTERNET LAW DISCRIMINATION UNEMPLOYMEN T COMPENSATION CONTRACTS HOME HEALTHCARE ADVANCED DIRECTIVES CEMETERY LAW THE KAMBER LAW GROUP A Professional Corporation The Law At Work. (c) 2012 Deirdre Kamber Todd

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When addressing any major ailment, maintaining one\'s employment is really tough. It\'s also usually critical. This program, presented at the Pennsylvania Breast Cancer Coalition\'s annual conference, explains and offers a host of best practices in making it through the process of illness as well as treatment and leave from the workplace.

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  • 1. (c) 2012 Deirdre Kamber Todd KGLBUSINESS LAW EMPLOYMENT LAWSOCIAL MEDIA LAWHIPAAINTERNET LAW DISCRIMINATION UNEMPLOYMEN TCOMPENSATIONCONTRACTS HOME HEALTHCARE ADVANCED DIRECTIVES CEMETERY LAWTHE KAMBER LAW GROUPA ProfessionalCorporation The Law At Work.1275 GLENLIVET DRIVE , SUITE 100ALLENTOWN , PENNSYLVANIA 18106TEL: 484.224.3059 | FAX: [email protected] www.KamberLawGroup.comFind Us on1

2. Surviving Breast Cancer in theWorkplace:Protecting Your Job While MaintainingWorkplace Relations During Treatment Deirdre Kamber Todd, [email protected] (c) 2012 Deirdre Kamber Todd 2 3. Deirdre Kamber Todd, Esq.Areas of Practice: Employment and Business Law Social Media/Internet HIPAA Contracts Unemployment CompensationAdmitted: Pennsylvania, New York and U.S. Supreme CourtExpert Witness: Social Media, Lehigh County CourtDeirdre Kamber DeirdreJKamberKamber Law Group P.C. @DKamberTodd (c) 2012 Deirdre Kamber Todd 3 4. HIPAA3 5. TYPES OF LEAVES(c) 2012 Deirdre Kamber Todd 5 6. Leaves in the Workplace Sick leave Workers Compensation Annual leave Military leave Vacation Family and Medical PTOLeave Act (FMLA) Holidays HIPAA Disability Leave Healthy Families Act Americans withDisabilities Act (ADA) Etc., etc., etc.,.6 7. SICK LEAVE(c) 2012 Deirdre Kamber Todd 7 8. Sick Leave and PTO Annual, Vacation, Sick Leave, Paid Disability Leave Granted by Employer Optional HR vs. Legal HOWEVER, whats going to happen with Obamasplan?........7 9. FMLADeirdre J. Kamber, Esq. 9 10. FMLA What is the Family Medical Leave Act (FMLA)? A federal law that entitles eligible employees totake up to 12 weeks of unpaid, job-protected leavewithin a 12-month period for specified family andmedical reasons. NDAA amended FMLA to grant 26 weeks tomilitary service members under certaincircumstances13 11. FMLA Employers must grant up to 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: The birth and care of the newborn child of theemployee Placement with the employee of a son or daughterfor adoption or foster care To care for an immediate family member(spouse, child, or parent) with a serious healthcondition, or To take medical leave when the employee isunable to work because of a serious healthcondition13 12. FMLA Upon return from FMLA leave, an employee must be restored to the his or her original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Key Employee Exception Temporary Employee Exception Doesnt fit the definition of one year, 1,250 hours, etc. What about retaliation? How does FMLA interact with ADA?13 13. ADA and ADAAADeirdre J. Kamber, Esq. 13 14. ADA and ADAAA The ADA prohibits discrimination based on a disability which impacts on a major life function. The ADAAA, passed in 2009, seriously changed the face of the ADA. Law requires covered employers to provide reasonable accommodations to the known disabilities of qualified individuals to remove workplace barriers. LEAVE AS A REASONABLE ACCOMMODATION? And, if yes, how long? Wasnt the point tokeep people at work?13 15. ADA and ADAAA: Reasonable Accommodation Because these are part of the list of what may constitute a reasonable accommodation, YES, VIRGINIA, being OUT ON LEAVE is an accommodation Job restructuring Modifying work schedules EEOC Guidelines on ADA13 16. ADA and ADAAA: Reasonable Accommodation Leave is considered a reasonable accommodation. Must engage in the interactive process. Must be for a reasonable period of time. Must be for a reasonable ascertainable period of time (how long is the person going to be out?) So, if you accommodate someone by having them out of work, what is a reasonable time frame? What happens with FMLA? Do you tack it on? Does it mix in the middle? What about sick leave? Do you have to keep them employed?13 17. Funky Specifics ADA leave + FMLA leave = Are the leaves tacked/added together for the same condition? No.33 18. Funky Specifics FMLA + HIPAA = FMLA leave and HIPAA privacy: If an employee is unable or unwilling to returnthe completed FMLA certification, HIPAAprohibits a healthcare provider from sendingthe completed FMLA certification directly to theemployer if the certification contains patientPHI.33 19. BEST PRACTICES(c) 2012 Deirdre Kamber Todd 19 20. Best Practices Try to work with your employer Abide by all reporting requirements unless illegal You may not know everything going on either Dont be harassed Try to get to healthcare practitioners regularly HIPAA authorizations Be honest, to a point No MD notes she cant come to work because shes sick.. You need a definitive return to work date33 21. Best Practices If you are harassed or retaliated, call a lawyer immediately dont go through it alone Be aware of statute of limitations Know your policies and follow them Wear the white hat Keep a diary Tell others Dont abuse your workplace or time off Keep all documents, including social media/texts/emails/FB, etc. Know that 12 weeks means 12 weeks33 22. Questions? Comments?The Kamber Law Group, P.C.Deirdre Kamber Todd, [email protected] 1275 Glenlivet Drive, Suite 100 Allentown, PA 18106 Tel: 484.224.3059 Fax: 484.224.2999(c) 2012 Deirdre Kamber Todd 22