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Using Medical Experts in Determining Leave Under ADA and FMLA

Reduce FMLA and ADA abuse and stay in compliance when using medical certifications and second opinions.

Many employers encompassed within the guidelines of the FMLA and ADA do not understand all of their rights and responsibilities with obtaining the required medical certifications accompanying the necessary paperwork of an eligible employee's request for leave. They also do not understand when it is beneficial to obtain medical recertification or employer health care provider second opinions to ensure employee safety on the job and to mitigate the expense of FMLA and ADA abuse in their workplace. This topic helps the persons responsible for handling and processing FMLA and ADA paperwork to understand how to review employee medical certifications to ensure clarity and completeness in the health care provider's documentation of the serious health condition and then to understand and know the proper procedures of when it becomes necessary to seek medical recertification or a second opinion from an employer health care provider. Failing to understand the regulations set forth by the FMLA and ADA as they pertain to medical certifications recertifications and second opinions is one of the most common errors employers make in ensuring compliance with these acts. This information is critical for employers in ensuring the safety of their employees and customers but also to mitigate the rising expenses of FMLA and ADA abuse.

Runtime: 89 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

FMLA Medical Certifications, Recertifications and Second Opinions

  • When and How to Seek Employer Health Care Provider Second Opinions for FMLA Leave
  • Relevant FMLA Regulations and Case Law Illustrating the Employer's Requirements in Obtaining Medical Certification and Recertification
  • Employer Rights to Seek Employee Recertification of Med Cert for FMLA Leave

Medical Certifications and Fit-For-Duty Evaluations Under the ADA

  • Rights and Responsibilities When Accommodations Are Asked for in the Employment Application Process
  • Mandatory Medical Evaluations - When Are They Allowed?
  • Reasonable Accommodations and Undue Hardships

Medical Experts

  • Medical Expert Qualifications - When Can You Demand a Specialist?
  • Requiring a Company Doctor or EAP vs. Employee's Choice of Doctor
  • Employee Objections
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on July 30, 2018.

Call 1-866-352-9540 for further credit information.

  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Lindsay M. Schafer

Lindsay M. Schafer

Littler Mendelson P.C.

  • Attorney with Littler Mendelson P.C.
  • Represents and counsels clients in all aspects and stages of employment litigation, arbitration and mediation
  • Appears before the Equal Employment Opportunity Commission and Arizona Civil Rights Division, and is experienced in defending against all types of administrative charges
  • J.D. degree, cum laude, University of Arizona College of Law; B.A. degree, with honors, University of Redlands
  • Can be contacted at 602-474-3600 or lschafer@littler.com
Cory Glen Walker

Cory Glen Walker

Littler Mendelson P.C.

  • Attorney with Littler Mendelson P.C.
  • Practices in wage and hour and class actions
  • Counsels and represents management clients, in connection with a broad range of employment matters arising under state and federal law
  • Assisted with the authorship and research for an extensive memorandum that addressed the implications of privilege with regard to internal wage and hour audits
  • J.D. degree, cum laude, University of Michigan Law School; B.A. degree, cum laude, Brigham Young University
  • Can be contacted at 602-474-3600 or cgwalker@littler.com
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 403576
Published 2018
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