Navigating the Bermuda Triangle of Leave Lawspages.thinkhr.com/rs/276-KTW-573/images/Navigating the Bermuda...Navigating the Bermuda Triangle of Leave Laws Don Phin, Esq. Senior Vice

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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Workers get sick, injured or disabled because…


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Work Comp

FMLA

ADA


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Bermuda Triangle

Workers’ CompensationAll employees

ADA15 or more employees (5 in CA)

FMLA50 ore more employees


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Return to work and workers’ compensation

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Return to work (RTW)

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


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RTW direct savings

• Reduced comp benefits

• Reduced medical costs

• Reduced recovery time

• Reduced MOD


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RTW indirect savings

• Ratio of at least 1:1

• Retention of valuable workers who continue to add value


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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.


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Do you know what your work comp modifier is?

POLL


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ADA and FMLA

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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


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ADA

• Reasonableness versus undue hardship

• Extended leave


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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


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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!


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Best practices

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

POLL


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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


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Occupational Medicine


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Make sure you have EPLI coverage


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Q&A on leave laws


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Federal leave chart


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How ThinkHR can help you

?


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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


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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


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Navigating the Bermuda Triangle of Leave Laws

Don Phin, Esq.Senior Vice [email protected]

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Documents

Navigating the Bermuda Triangle of Leave Lawspages.thinkhr.com/rs/276-KTW-573/images/Navigating the Bermuda...Navigating the Bermuda Triangle of Leave Laws Don Phin, Esq. Senior Vice