- 1. (c) 2012 Deirdre Kamber Todd KGLBUSINESS LAW EMPLOYMENT
LAWSOCIAL MEDIA LAWHIPAAINTERNET LAW DISCRIMINATION UNEMPLOYMEN
TCOMPENSATIONCONTRACTS HOME HEALTHCARE ADVANCED DIRECTIVES CEMETERY
LAWTHE KAMBER LAW GROUPA ProfessionalCorporation The Law At
Work.1275 GLENLIVET DRIVE , SUITE 100ALLENTOWN , PENNSYLVANIA
18106TEL: 484.224.3059 | FAX: [email protected]
www.KamberLawGroup.comFind Us on1
2. Surviving Breast Cancer in theWorkplace:Protecting Your Job
While MaintainingWorkplace Relations During Treatment Deirdre
Kamber Todd, [email protected] (c) 2012 Deirdre
Kamber Todd 2 3. Deirdre Kamber Todd, Esq.Areas of Practice:
Employment and Business Law Social Media/Internet HIPAA Contracts
Unemployment CompensationAdmitted: Pennsylvania, New York and U.S.
Supreme CourtExpert Witness: Social Media, Lehigh County
CourtDeirdre Kamber DeirdreJKamberKamber Law Group P.C.
@DKamberTodd (c) 2012 Deirdre Kamber Todd 3 4. HIPAA3 5. TYPES OF
LEAVES(c) 2012 Deirdre Kamber Todd 5 6. Leaves in the Workplace
Sick leave Workers Compensation Annual leave Military leave
Vacation Family and Medical PTOLeave Act (FMLA) Holidays HIPAA
Disability Leave Healthy Families Act Americans withDisabilities
Act (ADA) Etc., etc., etc.,.6 7. SICK LEAVE(c) 2012 Deirdre Kamber
Todd 7 8. Sick Leave and PTO Annual, Vacation, Sick Leave, Paid
Disability Leave Granted by Employer Optional HR vs. Legal HOWEVER,
whats going to happen with Obamasplan?........7 9. FMLADeirdre J.
Kamber, Esq. 9 10. FMLA What is the Family Medical Leave Act
(FMLA)? A federal law that entitles eligible employees totake up to
12 weeks of unpaid, job-protected leavewithin a 12-month period for
specified family andmedical reasons. NDAA amended FMLA to grant 26
weeks tomilitary service members under certaincircumstances13 11.
FMLA Employers must grant up to 12 workweeks of unpaid leave during
any 12-month period for one or more of the following reasons: The
birth and care of the newborn child of theemployee Placement with
the employee of a son or daughterfor adoption or foster care To
care for an immediate family member(spouse, child, or parent) with
a serious healthcondition, or To take medical leave when the
employee isunable to work because of a serious healthcondition13
12. FMLA Upon return from FMLA leave, an employee must be restored
to the his or her original job, or to an equivalent job with
equivalent pay, benefits, and other terms and conditions of
employment. Key Employee Exception Temporary Employee Exception
Doesnt fit the definition of one year, 1,250 hours, etc. What about
retaliation? How does FMLA interact with ADA?13 13. ADA and
ADAAADeirdre J. Kamber, Esq. 13 14. ADA and ADAAA The ADA prohibits
discrimination based on a disability which impacts on a major life
function. The ADAAA, passed in 2009, seriously changed the face of
the ADA. Law requires covered employers to provide reasonable
accommodations to the known disabilities of qualified individuals
to remove workplace barriers. LEAVE AS A REASONABLE ACCOMMODATION?
And, if yes, how long? Wasnt the point tokeep people at work?13 15.
ADA and ADAAA: Reasonable Accommodation Because these are part of
the list of what may constitute a reasonable accommodation, YES,
VIRGINIA, being OUT ON LEAVE is an accommodation Job restructuring
Modifying work schedules EEOC Guidelines on ADA13 16. ADA and
ADAAA: Reasonable Accommodation Leave is considered a reasonable
accommodation. Must engage in the interactive process. Must be for
a reasonable period of time. Must be for a reasonable ascertainable
period of time (how long is the person going to be out?) So, if you
accommodate someone by having them out of work, what is a
reasonable time frame? What happens with FMLA? Do you tack it on?
Does it mix in the middle? What about sick leave? Do you have to
keep them employed?13 17. Funky Specifics ADA leave + FMLA leave =
Are the leaves tacked/added together for the same condition? No.33
18. Funky Specifics FMLA + HIPAA = FMLA leave and HIPAA privacy: If
an employee is unable or unwilling to returnthe completed FMLA
certification, HIPAAprohibits a healthcare provider from sendingthe
completed FMLA certification directly to theemployer if the
certification contains patientPHI.33 19. BEST PRACTICES(c) 2012
Deirdre Kamber Todd 19 20. Best Practices Try to work with your
employer Abide by all reporting requirements unless illegal You may
not know everything going on either Dont be harassed Try to get to
healthcare practitioners regularly HIPAA authorizations Be honest,
to a point No MD notes she cant come to work because shes sick..
You need a definitive return to work date33 21. Best Practices If
you are harassed or retaliated, call a lawyer immediately dont go
through it alone Be aware of statute of limitations Know your
policies and follow them Wear the white hat Keep a diary Tell
others Dont abuse your workplace or time off Keep all documents,
including social media/texts/emails/FB, etc. Know that 12 weeks
means 12 weeks33 22. Questions? Comments?The Kamber Law Group,
P.C.Deirdre Kamber Todd, [email protected] 1275
Glenlivet Drive, Suite 100 Allentown, PA 18106 Tel: 484.224.3059
Fax: 484.224.2999(c) 2012 Deirdre Kamber Todd 22