Navigating the Bermuda Triangle of Leave Lawspages.thinkhr.com/rs/276-KTW-573/images/Navigating the...

Navigating the Bermuda Triangle of Leave Laws

Don Phin, Esq.Senior Vice President

Download the slides at http://tinyurl.com/p66ajq2

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• This session is being recorded.

• Download the slides at http://tinyurl.com/p66ajq2.

• 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.

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What is the Bermuda Triangle?

Return to work and workers’

compensation

ADA and FMLA Best practices

Slides: http://tinyurl.com/p66ajq2

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

POLL

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What is the Bermuda Triangle?

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Slides: http://tinyurl.com/p66ajq2

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Workers get sick, injured or disabled because…

Slides: http://tinyurl.com/p66ajq2

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Work Comp

FMLA

ADA

Slides: http://tinyurl.com/p66ajq2

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Bermuda Triangle

Workers’ CompensationAll employees

ADA15 or more employees (5 in CA)

FMLA50 ore more employees

Slides: http://tinyurl.com/p66ajq2

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Return to work and workers’ compensation

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Slides: http://tinyurl.com/p66ajq2

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Return to work (RTW)

Successful return to work programs reduce workers’ compensation costs by as much as 30-60%.

Slides: http://tinyurl.com/p66ajq2

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RTW direct savings

• Reduced comp benefits

• Reduced medical costs

• Reduced recovery time

• Reduced MOD

Slides: http://tinyurl.com/p66ajq2

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RTW indirect savings

• Ratio of at least 1:1

• Retention of valuable workers who continue to add value

Slides: http://tinyurl.com/p66ajq2

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Workers’ compensation RTW problems

• 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.

Slides: http://tinyurl.com/p66ajq2

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Do you know what your work comp modifier is?

POLL

Slides: http://tinyurl.com/p66ajq2

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ADA and FMLA

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Slides: http://tinyurl.com/p66ajq2

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ADA

• Injury=disability

• Request for accommodation not required

• All about limitations (versus disabilities)

• Interactive dialogue

• Medical certification

• Direct threats to health or safety

Slides: http://tinyurl.com/p66ajq2

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ADA

• Reasonableness versus undue hardship

• Extended leave

Slides: http://tinyurl.com/p66ajq2

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FMLA

• 12 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

Slides: http://tinyurl.com/p66ajq2

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FMLA

• Required to give job back

• Equivalent position, pay and benefits

• Job elimination and RIFS

• But…I don’t want them back!

Slides: http://tinyurl.com/p66ajq2

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Best practices

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Slides: http://tinyurl.com/p66ajq2

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

POLL

Slides: http://tinyurl.com/p66ajq2

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Bermuda Triangle

• 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

Slides: http://tinyurl.com/p66ajq2

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Occupational Medicine

Slides: http://tinyurl.com/p66ajq2

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Make sure you have EPLI coverage

Slides: http://tinyurl.com/p66ajq2

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Q&A on leave laws

Slides: http://tinyurl.com/p66ajq2

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Federal leave chart

Slides: http://tinyurl.com/p66ajq2

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How ThinkHR can help you

?

Slides: http://tinyurl.com/p66ajq2

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CEUs and Future Webinars

HRCI248352

SHRM15-0880

Future Webinars

Creating Meaningful Employee Handbooks

Presented by ThinkHR and Constangy, Brooks, Smith & Prophete

Thursday, July 9

Slides: http://tinyurl.com/p66ajq2

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ThinkHR Live

877-225-1101

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

Slides: http://tinyurl.com/p66ajq2

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Slides: http://tinyurl.com/p66ajq2

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Slides: http://tinyurl.com/p66ajq2

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Navigating the Bermuda Triangle of Leave Laws

Don Phin, Esq.Senior Vice Presidentdphin@thinkhr.com

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