Presenter Beth B. De Lima, M.B.A., SPHR-CA, SHRM-SCP

Mastering the FMLA to ADA Transition, Concurrent Designations

and Responding to Fraud and Abuse

The FMLA has challenged both experienced and new HR professionals since it became law.   Recent changes to the FMLA and the ADAAA have increased this confusion.   This workshop provides an overview of areas in which the biggest mistakes are made, the tricky transition from FMLA to ADA, concurrent ADA compliance requirements when designating FMLA, or dealing with workers’ compensation and pregnancy and the significant differences between the compliance requirements. We will also provide strategies for responding to the complex interaction between FMLA and ADA (AA) as it relates to intermittent leave requests with an underlying accommodation. 

Do you refrain from terminating employees because you are concerned about running afoul with either the FMLA or ADA and do not want a lawsuit?  This interactive workshop will help you understand when and how you can have confidence to terminate or deny protection employees if they are not complying with notification and intermittent leaves requirements as they relate to both FMLA and the ADA or the are continual extending  or abusing their leave.  Learn when enough is enough, and how to clearly document the process to avoid costly lawsuits.

Ms. De Lima will focus her training presentation on how to pro-actively manage FMLA leaves and ADA accommodations in your workplace specifically as it relates to the challenges associated with integrated compliance requirements, intermittent leave, fraud, performance issues and EEO complaints.  Strategies, best practices and little known free resources will be covered to help make managing and integrating FMLA and ADA, with related policy and state regulations, as easy as possible for you.

In this workshop, you will learn:

• What notification is required at various timelines in the FMLA / ADA leave and accommodation process.
• Explanation on how to respond to intermittent leave requests that include a potential or specific ADA accommodation. 
• Appreciate the scope of California employers’ obligation to provide additional leave (beyond what the FMLA, CFRA, and PDL provide) as a reasonable accommodation.
• When you can terminate an employee you cannot accommodate, who exhausts their FMLA benefits or you suspect fraud or abuse, without running afoul with the ADAAA 
• Clarification of employee notifications as they apply to both FMLA and ADAAA in an intermittent, reduced schedule leave environment and the transition from FMLA to ADAAA.
• Understand California employers’ obligation to engage in the interactive process and to provide effective reasonable accommodation(s) to disabled employees.

• Develop and implement a strategy for Integrating Medical Leaves and Accommodations in CA.

• Specific case studies will be evaluated to illustrate various scenarios that can cause confusion and leave a company open to potential litigation.

About your Presenter

 Beth B. De Lima, M.B.A., SPHR-CA, SHRM-SCP is the principal consultant and founder of Leave Management Solutions and HRM Consulting, Inc., where she provides coaching/mentoring and training for HR Professional responsible for managing medical leaves and accommodations in their organizations. She also provides expert testimony and consulting in various HR areas. She is also CEO and co-founder of Leave Management Solutions LLC where her Integrated Medical Leave and Accommodation Management System provides coaching and online training for HR pros and non-HR managers and supervisors, helping Leave and Accommodation Coordinators easily understand and manage federal FMLA and ADA issues, as well as the critical California specific Medical Leaves and Accommodations in compliance with FMLA/CFRA and ADA/FEHA, PDL, and Workers’ Compensation. Join us for this opportunity for HR professionals to learn strategies for consistent application of compliance regulations from an HR Professional and HR Expert Witness who has been working in-the-trenches providing consulting services and related HR Industry Standards court testimony since the FMLA and ADA passed.