Larry Cianciosi And Michael Roney
Going For The Gold: The Champions of HR Workshop
At The 24th Annual HR Support Staff Workshop Wednesday, March 5, 2014
Crowne Plaza Lansing Hotel: Lansing, Michigan 8:00am - 3:30pm
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Coax the rock to take the gold
1. Coax the Rock…to take the Gold
March 5, 2014
Hanba Lazar P.C.
Larry Cianciosi
Mike Roney
2. Gold Medal Round:
Workers Compensation Disability Act
Verses
Americans with Disability Act
Offers of Reasonable Employment and
Accommodations
3. Game Strategy:
Game 1: Warm Up
Game 2: Legal Requirements
Game 3: Notice
Game 4: Best Practices
Game 5: Overlap
Game 6: Helpful Resources
Gold Medal Ceremony
5. Warm Up: Workers Disability
Compensation Act:
December 19th 2011 Amendments
Clarifies definition of disability
6. Warm Up: Workers Disability
Compensation Act:
December 19th 2011 Amendments
Allows partial disability in many cases
7. Warm Up: Workers Disability
Compensation Act:
December 19th 2011 Amendments
Employer credits for unearned wages
8. Warm Up: Workers Disability
Compensation Act:
December 19th 2011 Amendments
Mandates an affirmative duty on the
employee to mitigate wage loss by
requiring a good faith job search
9. Warm Up: Workers Disability
Compensation Act:
December 19th 2011 Amendments
Employees who refuse (without good
and reasonable cause) offers of
reasonable employment are
disqualified from any wage loss
benefits
11. Warm Up: Americas with
Disability Act:
ADA- 1990 Federal Legislation
Prohibits discrimination of a qualified
individual on the basis of disability in all
aspects of employment
12. Warm Up: Americas with
Disability Act:
Qualified individual
A person who with or without a
reasonable accommodation can
perform the essential functions of the
employment position that the individual
holds or desires
13. Warm Up: Americas with
Disability Act:
Disability Defined in one of three ways
15. Warm Up: Americas with
Disability Act:
ADA Amendment Act of 2008
Effective January 2009
16. Warm Up: Americas with
Disability Act:
ADA broadens the definition of major life
activities… to include curling… (or maybe
it should have)
17. Warm Up: Americas with
Disability Act:
Statistically, ADAAA expanded the
audience from 2 million to over 6 million
people eligible
Thus allowing
curling to increase
fan base
18. Game 2: Employers Legal
Requirements: WCDA vs ADA
WCDA- offers of reasonable employment
are at the employers discretion
ADA- accommodations are mandatory.
Exceptions…
19. Game 3: Notice: WCDA vs ADA
WCDA- Offers of favored work notice by
employer to employee in writing
ADA- Can be by employee or employer or
third party provider
They can written or verbal
They don’t have to mention ADA or
accommodation
20. Game 4: Best Practice After
Request, i.e.…Game on.
Determine essential job functions
21. Game 4: Best Practice After
Request, i.e. …Game on.
Determine if they can do the essentials
22. Game 4: Best Practice After
Request, i.e.…Game on.
Gather necessary information
23. Game 4: Best Practice After
Request, i.e.…Game on.
Develop follow up procedures
24. Game 4: Best Practice After
Request, i.e.…Game on.
Use interactive process
25. Game 4: Best Practice After
Request, i.e.…Game on.
Set up meeting with employee
26. Game 4: Best Practice After
Request, i.e.…Game on.
Summarize in writing
27. Game 4: Best Practice After
Request, i.e.…Game on.
Determine accommodation and advise
28. Game 4: Best Practice After
Request, i.e.…Game on.
Document and explain accommodation
denials
29. Game 5: Overlap of Employer
Requirements
Not all WCDA injuries are covered under
ADA
30. Game 5: Overlap of Employer
Requirements
No requirement under WCDA to offer
reasonable employment
31. Game 5: Overlap of Employer
Requirements
ADA allows employers to establish return
to work programs for injured workers
32. Game 5: Overlap of Employer
Requirements
The key is when does a WCDA injury
require an ADA analysis
33. Game 5: Overlap of Employer
Requirements
Offers of reasonable employment
provides employers a wide range of return
to work options
34. Game 5: Overlap of Employer
Requirements
ADA accommodations do not mandate
that an employer must:
Create a light duty position for non
occupational injuries
35. Game 5: Overlap of Employer
Requirements
ADA accommodations may require that an
employer:
Modify work schedules or leave
36. Game 5: Overlap of Employer
Requirements
ADA accommodations may require that an
employer:
Change location of work performed
Physical or mental impairment that substantially limits one or more major life activities, ORA record of such impairment, ORBeing regarded as having such an impairment