In California when an employee is hurt on the job or pregnant, they need to take time off or having an accommodation onsite. In this module you will develop a clear understanding of how CFRA and ADA/FEHA regulations run concurrently with Workers' Comp and Pregnancy Disability Leaves (PDL). You will learn when, where, and how to navigate and manage benefit denials for employees who are also covered by Workers' Comp and PDL. Plus, you develop a strong understanding of the record keeping process to ensure you've got something to show what you did.
- Learn the important notifications before denial and the most common pitfalls that might be putting you at risk of litigation.
- The intersection of the CFRA ADA/FEHA with Workers' Comp and pregnancy and the traps to be aware of when you're denying these regulations.
- How to deal with the employee's ongoing needs when they are protected under Workers' Comp and pregnancy, and you need to deny protection under ADA/FEHA.
- The exact steps to evaluate ADA/FEHA prior to denial under pregnancy and the applications of light duty, modified duty, or job transfer with or without pregnancy or Workers' Comp.
- How to manage the denial when PDL and ADA are denied due to exhaustion and the mother still needs time off prior to having the baby.
- What do you do to ensure you have met your compliance requirements before you deny ADA/FEHA prior to CFRA Baby
- Get clarity regarding denial or delay of CFRA Baby Bonding when they do not provide you that notice.
- Overview of the record keeping process to ensure you've got very clear records when you're denying these protections.
- How to deal with the employee's ongoing medical leave requirement when they need additional leave under Workers' Comp and they're denied under ADA/FEHA because they've exhausted and it was determined that additional leave would cause an Undue Hardship because a return to work date has not been confirmed.
- Strategies to manage denial for additional leave under Workers' Comp specifically when the employee is not complying with that CFRA or ADA/FEHA medical documentation requests.
- Understand the curing process and when to use it while you're dealing with denial under ADA/FEHA.
- How do you continue to protect that employee when CFRA is exhausted and Workers' Comp running concurrently?
- What do you do in their job when you're denying extended leaves?
- How to prepare an employee who is taking repetitive Workers' Comp leave during CFRA and the impact of that choice under ADA/FEHA.
- Learn the definition of Qualified Individual with a Disability status and what that means for the employee who no longer meets it and they have a Workers' Comp claim.
- How to address the ongoing medical certificates from Workers' Compensation medical providers after you have denied the original ADA/FEHA request until they are permanent stationary.
- How to deal with light duty versus modified duty work, the denial and the assessment of that formal process, and what do you do when you deny those under both Workers' Comp and pregnancy.
- How to determine return to work requirements specifically when the employee says they can return to work after you've chosen to deny the ADA.
- What are the next steps after denying protected leave or accommodations under pregnancy and ?
- The exact steps to follow and document when reaching denial decisions, including the good faith ADA interactive meeting and Undue Hardship Analysis and Return to Work assessments before denying.
This training is a part of the California Medical Leave and Accommodation Management Specialist Certification Course.
- 2 hours of on-demand video training
- One year access
- Available online 24x7
- 1 Q&A session
- Learn anytime, anywhere
- Assessment quiz
- Companion guide
- 2 PDCs for the SHRM-CP® SHRM-SCP®
About this CourseFREE PREVIEW
Bonus: Integrated Medical Leave & Accommodation Management System™ Welcome
CFRA-ADA/FEHA Denial When Protected Under Worker's Comp and PDL (CA CFRA) Course Companion
Course Transcript: CFRA-ADA/FEHA Denial When Protected Under Workers' Comp and PDL (CA CFRA)
Lesson 1 - CFRA- ADA/FEHA DENIAL when protected under Work Comp and PDL
CFRA- ADA/FEHA DENIAL when protected under Work Comp and PDL Assessment
Take the training, if you are dissatisfied with the depth and breadth of knowledge after your first training, simply ask and we’ll send you 100% money back. All we ask for is evidence that you’ve taken the training and attempted to complete the self-assessment quiz.
Beth is recognized as a leading authority in FMLA/ADA HR compliance with over 27 years of in-the-trenches experience. She has been helping companies implement FMLA/ADA regulations since they were originally enacted in the early 90s’. She is a sought after subject matter expert providing expert testimony for litigations and lawsuits.
Beth De Lima’s CV