Depression in the Workplace: Your ADA and FMLA Obligations Explained - on CD
Medically speaking, the term "mental illness" describes a plethora of mental and emotional disorders ranging from mild anxiety to more serious conditions such as depression that significantly interfere with major life activities including learning, working, and simply communicating with others. Legally speaking, "mental illness" isn't quite as easy to define, yet employers are expected to reasonably accommodate employees who fall into this ambiguous category.
The issue of reasonable accommodation is nothing new for employers, but changes to ADA regulations have allowed more mental impairments to fall under the protected category, and this new protected class is also entitled to leave time under FMLA.
You now face critical issues such as how to identify depression and other mental disabilities, how to reasonably accommodate those who have mental illnesses, and how to respond to employees who are in a fragile state without giving rise to a disability discrimination claim. Learning how to respond to these situations is a vital part of keeping employees safe and productive -- and keeping your organization free from legal entanglements.
Participate in this interactive webinar, and in just 90 minutes, learn:
- When a depressed employee meets the definition of “disability” under the ADA’s mental impairment definition
- What you should do if you suspect that a depressed employee is covered under the ADA, including how to engage in a meaningful dialogue with the employee about potential accommodations in an emotionally sensitive and confidential manner
- Best practices for protecting your organization against “regarded as disabled” claims
- How to tell if depression substantially limits an employee from performing one or more major life activities
- Whether depression is generally a covered disability if it’s the result of an underlying medical condition or due to an emotional trauma
- What to do if you suspect an employee is suffering from depression and/or another mental disability
- The medical inquires, limited examinations, and documentation you may legally request that the employee provide
- Examples of when a job-protected leave of absence would likely be considered a reasonable accommodation
- How to respond to erratic attendance and persistent tardiness, including when to raise potential FMLA/CFRA leave as an option
- How to successfully manage intermittent leave for chronic depression and curb potential FMLA abuse related to depressed workers
- When you may legally discipline or terminate an employee with depression without sparking liability under federal disability and leave laws
In just 90 minutes, learn your rights and obligations for reasonably accommodating employees with depression. Order now!
About your presenter:
Attorney Patricia Eyres is the managing partner of Eyres Law Group, LLP, a specialized law practice focusing exclusively on helping employers in the areas of labor, employment, and education law. Her clients range from Fortune 500 companies to small businesses, school districts, and public agencies. In addition to guiding employers through the maze of risks associated with workplace discrimination, harassment, and retaliation claims, she is an expert on return-to-work, reasonable accommodation, and leave of absence compliance.