The Basics FMLA and ADA
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- čas přidán 22. 06. 2023
- Managing employee leave is a complex and legally dense duty. Employers must consider several leave types, the rules and laws that accompany each, and how they may impact each other. During this 60-minute webinar, Rocio Blanco Garcia will walk you through critical leave topics, such as:
-Issue spotting (e.g., to determine when follow up on leave request is needed, to reduce legal risk)
-How to handle situations in which laws may impose overlapping obligations, such as those affecting pregnant women, disabled employees, or those injured at work
-Appropriate ways to address employees generally concerning leave of other employees and handling confidentiality of leave issues
Additionally, Stephanie Zielinski will walk you through the ComplianceHR Reference Center. This rapid reference solution provides you with quick access to leave information at local, state and federal levels.
One of the best presentations that I have been watching in the last year and a half since my state agency just flat-out refused to process my FMLA for 5 months. They recognize the decline in my work so well that they start a two write me up in each time I would tell them I should be on FMLA. 2 months later I was under disciplinary leave and was demoted.
Great presentation and it is so nice to see somebody with empathy and compassion. My alter ego and supervisors and HR showed me no empathy or compassion. The superintendent even told me to stop throwing around the word mental illness because he had family members that were mentally ill and he went on and on.
HR documented the fact that she was waiting for my FMLA certification and if she received it by a certain date they would have to go a different. Funny thing was that she had had that FMLA certificate the day they put me under investigation.
In one of the two pre-disciplinary meetings in her notes she called me a liar and stated it would have been found in the investigation.
In a hostile meeting without representation I kept asking for the complaint process and they kept looking at me like they had no idea what I was talking about. My supervisor was good enough to note in her documentation that I kept going around and around and around and around about the complaint. Lol
In another hostile meeting I was asking why they refuse to process my FMLA a year ago and HR stated I never asked for FMLA. My supervisor starts yelling at me that I am mentally ill and she knows because I am acting like her husband and her husband has mental illness. She told me that I needed to check into the mental hospital and get on medication. HR agreed with her. I agreed with her and again ask why are you not processing my fmla. She told me that I took FMLA a year ago and there is no way she is going to give me 24 months of FMLA because she is trying to run a business.
After this hostile meeting I send them another request for reasonable accommodations.
They refused to process my reasonable accommodation, fail to provide me leave of absence. Sent me a letter stating that attendance required for my employment and if I missed any more work that I could be terminated. Another investigation due to my performance. I constructively terminated after another 6 of hostile workplace.
They denied my unemployment. I won in court and the judge said that my evidence was more believable than my employer. The judge asked if she had processed my reasonable accommodation. HR stated know because I had resigned in lieu of disciplinary action. Judge asked her if they were going to terminate me. HR said that they had not made the determination because I resigned in lieu of disciplinary action. Judge ask her again and a few more times and she finally admitted that she was going to terminate me. judge got HR to admit that she was still working on my reasonable accommodation. Judge asked her 6 months later? hr said yes.
This webinar was extremely informative and helpful. I was engaged listening to Rocio. You can see her passion in this field. She delivered the facts according to the law very efficiently. Thank you Rocio!! I look forward to the next one. :)
Thanks, Sarah! We appreciate your compliments and feedback. We'll pass it along to Rocio :)
What are the issues concerning leaving the cubicle for restroom breaks? That will be FMLA OR ADA?, because the employee has diabetes and high blood pressure to be testing and go to restroom as needed.
Hi there! We would be happy to put you in connection with the presenter of this webinar, Rocio Blanco Garcia, who would be able to provide you with a more definitive legal answer. If you're interested, please email us at info@compliancehr.com, or submit the form on the right side of compliancehr.com/contact/. Additionally, if you're interested in our solutions, we would be happy to provide you with a brief demonstration and free trial, just mention it in the email or form above.
Either way, we are glad that you were able to watch the webinar and consider some of the implications this area of the law may have to your organization. Have a great day!
I’m assuming ADA because FMLA is temporary.