Navigating the Bermuda Triangle of Leave Laws

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1 1 Download the slides at Navigating the Bermuda Triangle of Leave Laws Don Phin, Esq. Senior Vice President

2 2 This session is being recorded. Download the slides at You will receive a link to the recording after the webinar. We will provide the HRCI and SHRM codes at the end of the webinar. Ask questions using the question box.

3 What is the Bermuda Triangle? Return to work and workers compensation ADA and FMLA Best practices

4 4 POLL How confused are you by the conflicting obligations between work comp RTW, the ADA and FMLA?

5 1 5 What is the Bermuda Triangle?

6 Workers get sick, injured or disabled because 6

7 7 Work Comp ADA FMLA

8 Bermuda Triangle 8 Workers Compensation All employees ADA 15 or more employees (5 in CA) FMLA 50 ore more employees

9 2 9 Return to work and workers compensation

10 Return to work (RTW) 10 Successful return to work programs reduce workers compensation costs by as much as 30-60%.

11 RTW direct savings 11 Reduced comp benefits Reduced medical costs Reduced recovery time Reduced MOD

12 RTW indirect savings 12 Ratio of at least 1:1 Retention of valuable workers who continue to add value

13 Workers compensation RTW problems 13 Employee must be released to return to full duty before being reinstated. Modified work not offered after 90 days. If injured employee is declared permanent and stationary and still cannot perform former job, they will be released.

14 14 POLL Do you know what your work comp modifier is?

15 3 15 ADA and FMLA

16 ADA 16 Injury=disability Request for accommodation not required All about limitations (versus disabilities) Interactive dialogue Medical certification Direct threats to health or safety

17 ADA 17 Reasonableness versus undue hardship Extended leave

18 FMLA weeks leave runs concurrently with workers comp Intermittent leave if possible Respond to request within five business days Provide Eligibility Rights and Responsibilities Notice with medical certification form Provide Designation Notice within five business days after receiving employee response

19 FMLA 19 Required to give job back Equivalent position, pay and benefits Job elimination and RIFS But I don t want them back!

20 4 20 Best practices

21 21 POLL Do you send a COBRA notice after 12 weeks of FMLA leave?

22 Bermuda Triangle 22 Use a checklist approach Train your managers Show you care Monitor medical condition Administer fitness for duty exam upon return to work Apply policies with consistency Work with the right doctor

23 Occupational Medicine 23

24 Make sure you have EPLI coverage 24

25 Q&A on leave laws 25

26 Federal leave chart 26

27 ? 27 How ThinkHR can help you

28 CEUs and Future Webinars 28 HRCI SHRM Future Webinars Creating Meaningful Employee Handbooks Presented by ThinkHR and Constangy, Brooks, Smith & Prophete Thursday, July 9

29 ThinkHR Live PHR and SPHR certified 11 hours a day, five days a week Questions, second opinions, advice Specialists in benefits, leaves of absence, training, and more

30 30

31 31

32 32 Navigating the Bermuda Triangle of Leave Laws Don Phin, Esq. Senior Vice President

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