On-Demand Webinar
ADA/FMLA Leave Issues
CE credits
- 1.50 HRCI (Human Resource Certification Institute)
- 1.50 SHRM (Society for Human Resource Management)
- 1.50 ATAHR (Aurora HR)
What You'll Learn
Managing employee leave requests has become significantly more complex for today’s human resource professionals. It's no longer sufficient to simply apply internal leave policies or manage workers' compensation claims. Now, HR teams must navigate a growing maze of federal regulations, including the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Pregnancy Discrimination Act (PDA). This comprehensive webinar is designed to help you understand how to remain compliant while effectively managing employee leave and accommodations in the workplace.
- Intermittent and continuous leave eligibility under FMLA
- Defining serious health conditions
- ADA and reasonable accommodations involving leave
- Pregnancy-related leave and EEOC updates
- Legal strategies for managing absenteeism
- Integration of paid leave with FMLA policies
View Full Description
This session will break down the legal obligations employers face and offer practical tools to manage various types of leave. We’ll examine how to handle intermittent FMLA leave, define what constitutes a “serious health condition,” explore ADA reasonable accommodation standards, and clarify recent EEOC updates related to pregnancy discrimination. You’ll also gain insights into when it’s lawful to terminate employees for absenteeism and how to align paid leave policies with FMLA requirements.
Your Benefits For Attending:- Understand when employees are entitled to intermittent or continuous leave under the FMLA
- Learn how to accurately calculate and manage intermittent leave
- Identify what qualifies as a serious health condition under FMLA guidelines
- Clarify when leave of absence may be considered a reasonable accommodation under the ADA
- Determine whether attendance is an essential function of a job
- Stay informed about new EEOC guidance under the Pregnancy Discrimination Act
- Learn when and how to lawfully terminate for excessive absenteeism or tardiness
- Understand how to run paid leaves concurrently with FMLA leave
Attending this webinar will empower you with the knowledge and confidence to handle complex leave issues with greater legal accuracy and HR efficiency.
Who Would Benefit from This Webinar:- Human Resource Managers
- HR Compliance Officers
- In-house Counsel
- Business Owners
- Leave Administrators
- Benefits Coordinators
- Payroll Professionals
Meet Your Speaker
Lauren M. Sobaski
Lauren Sobaski [pronounced So ba ski] is a dedicated attorney who brings a unique blend of expertise and personal experience to her practice. With a 15-year background in human resources and a master's degree in industrial-organizational psychology, Lauren has a deep understanding of human behavior...
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CE Credits
These are the continuing education credits available to you for this webinar.
- 1.50 HRCI
Human Resource Certification Institute Browse HRCI-approved webinars and earn recertification credits online. Live and on-demand HR training for PHR, SPHR, and GPHR recertification. Expert-led sessions from Aurora Training Advantage. - 1.50 SHRM
Society for Human Resource Management Aurora Training Advantage is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org. - 1.50 ATAHR Aurora HR Aurora Training Advantage is offering continuing education points designed to recognize dedication to training and excellence in human resources.
Frequently Asked Questions
How do ADA and FMLA interact when managing employee leave?
ADA and FMLA frequently apply to the same leave situation, and understanding how they interact is essential to avoid compliance failures. FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying serious health conditions—it is time-limited and entitlement-based. The ADA, by contrast, can require leave as a reasonable accommodation with no fixed cap, as long as providing additional leave does not create undue hardship. When an employee exhausts their 12 weeks of FMLA leave and cannot return to work, employers must then analyze whether additional leave is a reasonable accommodation under the ADA before taking adverse action. The laws also interact in terms of medical certification and confidentiality: information obtained through FMLA certification must be maintained under ADA confidentiality standards. Running FMLA and ADA protections concurrently when eligible reduces total leave exposure. Attorney and HR expert Lauren Sobaski's on-demand webinar on ADA/FMLA Leave Issues covers the legal framework, practical scenarios, and compliance strategies HR professionals need to manage leave effectively.
What is intermittent FMLA leave and how should HR manage it?
Intermittent FMLA leave allows eligible employees to take FMLA-protected leave in separate blocks of time or by reducing their normal weekly or daily work schedule due to a qualifying serious health condition. It is one of the most operationally challenging aspects of leave administration because it is difficult to predict, schedule around, and track. HR must establish clear procedures for employees to request intermittent leave and report absences in a timely manner. Medical certification should specify the expected frequency and duration of episodes to set attendance expectations. Leave must be accurately tracked in increments no smaller than the shortest period the employer uses to account for other leaves. Employers may require employees to follow call-in procedures as long as they do not prevent the employee from taking FMLA leave. Discipline for absences covered by intermittent FMLA is unlawful. Aurora Training Advantage's HR webinar on ADA/FMLA Leave Issues, led by attorney Lauren Sobaski, covers calculation methods, tracking tools, and legal strategies for managing intermittent leave with greater accuracy and compliance confidence.
What qualifies as a serious health condition under FMLA?
Under the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Continuing treatment is defined as a period of incapacity of more than three consecutive, full calendar days plus two or more visits to a healthcare provider within 30 days, or a period of incapacity plus a regimen of continuing treatment. Chronic conditions such as asthma, diabetes, or epilepsy qualify even if each episode does not last more than three days, as long as the condition requires periodic visits at least twice per year. Pregnancy and prenatal care qualify regardless of whether the employee is incapacitated. Permanent or long-term conditions such as Alzheimer's disease or terminal illness qualify. Routine physical examinations and minor illnesses like the common cold do not qualify. Misidentifying whether a condition qualifies can result in denying protected leave unlawfully. Aurora Training Advantage's ADA/FMLA Leave Issues webinar provides detailed guidance on evaluating serious health condition claims accurately and consistently.
When can an employer legally terminate an employee for excessive absenteeism under FMLA?
Terminating an employee for excessive absenteeism is one of the most legally complex decisions in HR, particularly when FMLA or ADA protections may apply. An employer may lawfully terminate an employee for attendance violations only if the absences in question are not protected under FMLA or ADA—meaning the employer must first accurately determine which absences are covered and which are not before taking action. Employers may also enforce uniformly applied attendance policies against unprotected absences, even for employees on intermittent FMLA, as long as protected absences are excluded from the count. Before terminating an employee who has exhausted FMLA leave, the ADA analysis must be completed—determining whether additional unpaid leave is a reasonable accommodation. If attendance is an essential function of the job, that must be well-documented with legitimate business justification. Retaliation claims are a significant risk if the timing of termination is close to FMLA leave. Aurora Training Advantage's ADA/FMLA webinar, led by attorney Lauren Sobaski, provides the legal framework and practical steps for managing absenteeism without exposing the organization to liability.
How should HR handle pregnancy-related leave under FMLA and the Pregnancy Discrimination Act?
Pregnancy-related leave sits at the intersection of FMLA, the Pregnancy Discrimination Act (PDA), and increasingly state-specific paid leave laws. Under FMLA, pregnancy itself qualifies as a serious health condition, and eligible employees may take up to 12 weeks of protected leave for prenatal care, incapacity due to pregnancy, childbirth, and bonding with a newborn. The PDA requires employers to treat pregnancy-related conditions the same as other temporary disabilities—meaning if light duty or modified work is offered to employees recovering from other conditions, it must be offered for pregnancy-related limitations as well. Recent EEOC guidance has expanded the scope of pregnancy-related accommodations employers must consider. The Pregnant Workers Fairness Act (PWFA), effective since 2023, further requires reasonable accommodations for conditions related to pregnancy, childbirth, or related medical conditions. Failing to properly administer pregnancy leave exposes employers to significant EEOC complaint and litigation risk. Aurora Training Advantage's ADA/FMLA Leave Issues webinar covers the full legal landscape for pregnancy-related leave with practical HR implementation guidance.