Change on the Horizon: The ADAAA & New FMLA Regulations
 
 




 
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Change on the Horizon: The ADAAA & New FMLA Regulations

CLE hours: 2  Level: Intermediate

Live Seminars:12/02/08, Ann Arbor
Videos:Not Available
Webcast:Archived: Available

Employment Law Changes Are Coming Quickly - Are You Ready?

The ADA Amendments Act of 2008, which takes effect January 1, 2009, expands the scope of disabilities that are covered under the ADA, rejecting the U.S. Supreme Court's interpretation of "disability."

In addition, the FMLA was amended earlier this year and the Department of Labor has just adopted new regulations governing enforcement of the FMLA. The new regulations clarify employee eligibility, what notice is required, what rights may be waived, the definition of a serious health condition, and more.

Join us as expert David B. Calzone explains these changes and provides practice guidance to get you prepared for your next ADA or FMLA case. Be ready for employment practice in 2009.

Seminar Details

Faculty

Presenter
David B. Calzone

9:00 AM - 10:45 AMADA Amendments Act
  • when is an employee "substantially limited" in a major life activity under the ADAAA?
  • the new definition of "major life activities" under the ADAAA
  • what impact do mitigating measures now have on the determination of whether an employee is disabled under the ADAAA?
  • when is an employee "regarded as" disabled under the ADAAA?
  • are reasonable accommodations required for employees who are "regarded as" disabled?
  • reverse disability discrimination and the ADAAA
FMLA Amendments
  • injured service member family leave
  • active duty family leave
New FMLA Regulations
  • new length of service requirement
  • non-FMLA leaves that can become FMLA leaves
  • changing time period for determining FMLA eligibility
  • changing employee notice requirements in terms of both timing and content
  • changing employer notice requirements in terms of forms, postings and the designation of leave as FMLA qualifying
  • modifications to the definition of a serious health condition
  • new medical certification and fitness for duty certification requirements
  • new medical certification form
  • intermittent leaves and the proposed regulations
  • waiver of FMLA rights
10:45 AM - 11:00 AMQuestions and Answers