Figuring out how to navigate and comply with the Americans with Disabilities Act can be difficult in itself. So when FMLA or Workers’ Compensation are also involved, confusion about how each law applies is understandable.
There are a number of misconceptions about the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and workers' compensation, including:
ADA
Some people think that the ADA is misused by people with vague complaints or diagnoses. However, the ADA requires employers to make reasonable accommodations for qualified individuals with disabilities, unless doing so would cause undue hardship.
FMLA
Some people think that employees must explicitly request FMLA leave. Others think that employers can deny reduced schedule or intermittent leave if it's disruptive to the workplace. However, the FMLA allows workers time off for family or health reasons that constitute a serious health condition.
Workers' compensation
Some people think that workers' compensation benefits are only for incidents where the employer or a third party is at fault. Others think that workers' compensation only covers physical injuries, leaving those with psychological conditions without support. Workers' compensation provides compensation for lost wages and medical treatment for employees facing a work-related injury.
Learn how to mitigate these regulations and avoid the legal landmine it represents.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations.
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).