HR Policies & Procedures

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• Gain the confidence you need to apply these overlapping laws
• Have the documentation you need to support your decisions
• Build your professional knowledge and qualifications

This special report is a classic and timeless study of the interrelations between three often confusing areas of employment law. Special attention is given to numerous particularly troubling areas, including:

• Making it through the hiring process without tripping over the law
• Dealing with the problem of substance abuse
• Knowing when an employee poses a “direct threat” to your workforce
• Responding appropriately when an employee becomes ill or injured
• Preventing supervisors from retaliating against employees for exercising their rights
• Knowing when its safe to terminate an employee
• Evaluating your policies and procedures to avoid problems

Special Report
Table of Contents

1 — ADA, FMLA, AND WORKERS’ COMP LAW: A SIDE-BY-SIDE COMPARISON

Background and Purpose
Does the Law Apply to Me?
Whom Does the Law Protect?
What Does the Law Require?
Who Enforces the Law?
State vs. Federal Law: Who Wins?

2 — FOCUS ON A FEW IMPORTANT CONCEPTS

Dealing with Workers Who Aren’t Traditional “Employees”
ADA Concepts
FMLA Concepts
Substance Abuse: An Issue of Special Concern

3 — PUT ’EM ALL TOGETHER
4 — HIRING DO’S AND DON’TS

Before the Offer
After the Offer
Exactly What Is a Real “Offer”?
Dealing with Dishonesty
The Hiring Decision
A Final Word of Caution

5 — DEALING WITH EMPLOYEE ILLNESSES AND INJURIES

Knowing Which Laws Apply to You
Evaluating the Illness or Injury
Following the Law

6 — AVOIDING LAWSUITS

Don’t Retaliate
Think Before You Terminate

7 — EVALUATING POLICIES AND PROCEDURES

Job Descriptions
Attendance and Leave of Absence Policies
Confidentiality of Medical Records

CONCLUSION
APPENDICES AND LEGAL NOTES

Appendix A: List of Relevant Federal Statutes, Regulations, and Agency Guidance
Appendix B: Chart Comparing ADA, FMLA, and Workers’ Compensation Laws
Appendix C: Medical Certification Checklist and DOL Model Certification
Appendix D: FMLA Notice Checklist and DOL Model Notice

About the Author

Brenda B. Thompson is an attorney in the Editorial Department of M. Lee Smith Publishers LLC. Prior to joining the company, Ms. Thompson practiced law at Bass, Berry & Sims in Nashville, Tennessee, and at Miller & Martin in Chattanooga, Tennessee, where her primary areas of practice were employee benefits and federal income taxation.
 

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