美國(guó)研究生課程-福利管理-奧巴馬法案及FMLA

1、Interplay of the ADA, FMLA, and Workers Compensation Training for Supervisors SHRM 2008 2IntroductionThe Bermuda Triangle is an area in the Atlantic Ocean in which an unusually high number of ships and planes have disappeared. Because the interplay of three major employment laws - the Americans with

2、 Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and Workers Compensation is so complicated and fraught with problems, many HR professionals often refer to these three laws as the Bermuda Triangle of Employment Law. It is essential for all supervisors, in addition to the human resour

3、ces staff, to understand the interplay of these laws to assure legal compliance as well as to provide employees with the benefits and protections each law provides. This sample presentation is intended for presentation to supervisors and other individuals who manage employees. It is designed to be p

4、resented by an individual who is knowledgeable in the ADA, FMLA and Workers Compensation and the interaction among these laws. This is a sample presentation that must be customized to include and match the employers state laws and its own policies and practices. SHRM 2008 3ObjectivesAt the close of

5、this session, you will be able to:State why it important to recognize and analyze the interaction of the ADA, FMLA and Workers Compensation LawsCite the different purposes of the three laws.Name the enforcement authorities for each law.Cite important areas of interplay between the three laws that em

6、ployers need to consider when managing employee absenteeism.Describe and analyze a situation in which the three laws interact.SHRM 2008 4Reasons It is Important to Recognize and Analyze the Interaction of the ADA, FMLA, and Workers Compensation LawsIt is important to recognize and analyze the intera

7、ction of these laws because:1. The majority of unscheduled and scheduled absences are related to the illness of employees or their family members. One, both, or all three of these laws may be involved.2. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits

8、, compensatory damages, and punitive damages. 3. Other than the legal responsibilities, employers have moral and ethical responsibilities to assure that employees receive the benefits and protections these laws provide. SHRM 2008 5Purpose of the ADA, FMLA, and Workers Compensation LawsThe ADA prohib

9、its discrimination against applicants and employees who are “qualified individuals with a disability”.The FMLA sets minimum leave standards for employees for the birth and newborn care of a child, placement of a child for adoption or foster care, to care for an immediate family member with a serious

10、 health condition, and for the employees serious health condition.Workers Compensation laws provide for payment of compensation and rehabilitation for workplace injuries and minimize employer liability. SHRM 2008 6Enforcement Authorities for the ADA, FMLA, and Workers Compensation Laws ADA Equal Emp

11、loyment Opportunity Commission (EEOC)FMLA Department of Labor (Wage and Hour Division)Workers Compensation Laws State Workers Compensation CommissionsSHRM 2008 7Areas of Interplay between ADA, FMLA, and Workers Compensation These are the areas of interplay between the ADA, FMLA, and Workers Compensa

12、tion that employers need to consider when managing employee absenteeism. NOTE: State laws may provide broader protections that federal requirements.1. Employer CoverageADA 15 or more employees for 20 weeks during current or preceding calendar yearFMLA 50 or more employees within a 75-mile radius for

13、 at least 20 weeks during current or preceding calendar yearWorkers Compensation Applies to most, even small employers. State laws govern.SHRM 2008 8Areas of Interplay between ADA, FMLA, and Workers Compensation (contd)2. Employee EligibilityADA an employee (or applicant) who is disabled as defined

14、by the ADA, is qualified for the position and can perform the essential functions of the position with or without a reasonable accommodation.FMLA an employee who has worked at least 12 months and 1250 hours prior to the start of the leave and who works at a worksite where there are 50 or more employ

15、ees within a 75-mile radius.Workers Compensation an employee who has an injury arising out of or in the course of employment with state law exceptions possible for willful misconduct or intentional self-inflected injuries, willful disregard of safety rules, or intoxication from alcohol or illegal dr

16、ugs. SHRM 2008 9Areas of Interplay between ADA, FMLA, and Workers Compensation (contd)3. Length of LeaveADA No specific limit for the amount of leave that would be provided as a reasonable accommodation that does not create an undue hardship on the employer.FMLA 12 weeks in the 12 month period as de

17、fined by the employerWorkers Compensation No specific limit for the amount of leave an injured worker may have.SHRM 2008 10Areas of Interplay between ADA, FMLA, and Workers Compensation (contd)4. Medical DocumentationADA Only medical examinations or inquiries regarding an employees disability that a

18、re job-related and limited to determining ability to perform the job and whether an accommodation is needed and would be effective. FMLA Medical certification of the need for the leave not to exceed what is requested in the Department of Labor (DOL) Medical Certification Form.Workers Compensation Me

19、dical information that pertains to the employees on-the-job injury. SHRM 2008 11Questions ? Comments ?SHRM 2008 12Areas of Interplay between ADA, FMLA, and Workers Compensation (contd)5. Restricted or Light DutyADA Required to be offered if it is a reasonable accommodation that does not create an un

20、due hardship on the employer. FMLA Cannot be required Workers Compensation Ought to be offered if available as it may eliminate the employees entitlement to the wage replacement benefit. SHRM 2008 13Areas of Interplay between ADA, FMLA, and Workers Compensation (contd)6. Fitness-to-Return-to-Work Ce

21、rtificationADA Permitted as long as the medical examination and inquiry is job-related and necessary to determine whether the employee can perform the essential functions of the job.FMLA Can only be required under a policy or practice that requires employees who have been on a similar type of leave

22、of absence Workers Compensation May be and is typically required.SHRM 2008 14Areas of Interplay between ADA, FMLA, and Workers Compensation (contd)7. Benefits While on Leave ADA No specific requirements but cannot discriminate and must provide same benefits as those provided to employees on non-ADA

23、leave of absence.FMLA Health coverage must be continued at same level as prior to the leave. Benefits other than health benefits are determined by the employers established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate). Workers Compe

24、nsation Not required to be continued unless run concurrently with FMLA leave. SHRM 2008 15Areas of Interplay between ADA, FMLA, and Workers Compensation (contd)8. ReinstatementADA Required reinstatement to previous job unless doing so would create an undue hardship on the employer. FMLA Required rei

25、nstatement to the same or an equivalent job. NO undue hardship exception.Workers Compensation No reinstatement rights under most state laws, except for retaliatory discharges. SHRM 2008 16Questions ? Comments ?SHRM 2008 17Example of Employee Absence Involving Interaction of ADA, FMLA, and Workers Co

26、mpensationAlice Morgan, an assembly line worker, has called in sick for three days citing extreme back pain. She has been with XYZ Manufacturing, a company with over 500 employees, for three years working full-time with very few absences. Alice calls in sick for the fourth day stating that she was e

27、xamined by her doctor who took x-rays and stated that she needs complete bed rest and possibly back surgery and will be unable to work for an extended period of time. She states that her doctor thinks the condition is caused by the type of work she has been doing. SHRM 2008 18Example of Employee Abs

28、ence Involving Interaction of ADA, FMLA, and Workers Compensation (contd)Using the areas of interactions between the ADA, FMLA, and Workers Compensation laws, here is an analysis of Alices absence.1.Employer Coverage XYZ Manufacturing is covered under and must comply with the ADA, FMLA and the state

29、 Workers Compensation Laws.2.Employee Eligibility Alice may be eligible for protection under the ADA and FMLA, depending on the severity of her condition. A workers compensation claim must be filed, processed, and a determination made as to coverage under Workers Compensation. SHRM 2008 19Example of

30、 Employee Absence Involving Interaction of ADA, FMLA, and Workers Compensation (contd)3.Length of Leave Leave as a reasonable accommodation under the ADA is not an issue at this point as Alices absence, with proper medical certification, will be designated as FMLA leave. Should her absence exceed 12

31、 weeks, additional leave of absence may be a reasonable ADA accommodation. If the condition is determined to be work-related, workers compensation leave will run concurrently with the FMLA leave. 4.Medical Documentation Under the ADA, no medical documentation is yet required. FMLA medical certificat

32、ion is required. Medical documentation will be required by the workers compensation insurer. SHRM 2008 20Example of Employee Absence Involving Interaction of ADA, FMLA, and Workers Compensation (contd)5.Restricted or Light Duty Not required at the present time as Alice is unable to work in any capac

33、ity until further notice. When she is able to return to work and if she has medical restrictions, light duty, if available, must be offered as a reasonable accommodation under the ADA unless this creates an undue hardship on the employer. Light Duty cannot be required if FMLA leave is still availabl

34、e. Light duty should be offered under Workers Compensation.6.Fitness-to-Return-to-Work Certification - Not required at the present time as Alice is unable to work in any capacity until further notice. When she is able to return to work, depending on any restrictions, she may be required to provide t

35、his certification under the ADA, FMLA, and Workers Compensation.SHRM 2008 21Example of Employee Absence Involving Interaction of ADA, FMLA, and Workers Compensation (contd)7.Benefits While on Leave Not required under the ADA. Under FMLA, Alices health benefits will be continued at the same level as

36、prior to her leave and she will receive other benefit continuation given for employees on similar non-FMLA leave. No additional benefit continuation under Workers Compensation is required. 8.Reinstatement Alice must be reinstated to her previous job under the ADA unless doing so would create an undu

37、e hardship on her employer. If she can return before her 12 weeks of FMLA leave have been exhausted, she will be reinstated in her previous or a similar position. Workers Compensation does not provide for reinstatement under most state laws, except for retaliatory discharge. SHRM 2008 22Questions?Comments?SHRM 2008 23SummaryIt is important to recognize and evaluate the interaction of the ADA, FMLA, and Workers Compensation Laws