1. YOUR LOGO The Bermuda Triangle of Managing Employee Illness or Injury The ADA and Worker’s Compensation The FMLA Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved LAWS

2. YOUR LOGO Americans With Disabilities Act   A law designed to protect disabled individuals against discrimination, in this case in employment. Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

3. YOUR LOGO FMLA   A law enacted to “balance the demands of the work place with the needs of the family” Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

4. YOUR LOGO Worker’s Compensation   A law that was passed to ensure employees injured at work were treated fairly. Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

5. YOUR LOGO Does the Law Apply?  ADA  15 or more employees in a 20 week work period in the current or preceding year.  FMLA  50 or more employees in 20 weeks in the current or preceding year  Worker’s Compensation  Any employees Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

6. YOUR LOGO Who does the Law Protect? ADA   A disabled employee who is qualified to perform the essential functions of her job with or without a reasonable accommodation What is a disability under the ADA?   Any physical or mental impairment that substantially limits a major life activity; or being regarded as having such an impairmentFMLA   any employee at a work site with 50 or more employees within 75 miles who has worked a total of 12 months for the employer with at least 1250 hours in the last 12 months Worker’s Compensation  Any Employee Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

7. YOUR LOGO Triggering Health Condition ADA   An impairment that substantially limits a major life activity   Despite the impairment the employee can perform the essential functions of the job if provided a reasonable accommodationFMLA   A serious health condition that keeps the employee from performing the essential functions of his job WORKER’S COMPENSATION  An illness or injury that occurred during the course of, or arose out of, employment. Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

8. YOUR LOGO Must the Employee Be Able to Work? ADA  The employee must be able to perform the essential functions of his job given a reasonable accommodation FMLA  An employee’s serious health condition prevents him from performing essential functions WORKER’S COMPENSATION  Some form of inability to perform the essential functions of the job. Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

9. YOUR LOGO What Does the Law Require? ADA ADA A reasonable accommodation so as to enable the employee to perform the essential functions of the job. A reasonable accommodation so as to enable the employee to perform the essential functions of the job. What is a reasonable accommodation?What is a reasonable accommodation? -direct threat exception -hardship -interactive process Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved Essential functions - those that all employees in the position are required to perform - Those that would, if removed, fundamentally change the job

10. YOUR LOGO What does the Law Require? FMLA Up to 12 weeks per year*Up to 12 weeks per year* -To care for a newborn or newly adopted child -because of a serious health condition of the employee making him unable to perform the essential functions of his job -or to care for the employee’s child, spouse, or parent with a serious health condition. -serious health concerns -an injury illness, impairment that involves either inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by health care provider. Not qualifying include: cosmetic treatments (unless hospital stay is required as a result of complications from cosmetic treatments), and common conditions such as: cold, flu, earaches, upset stomachs (unless complications arise) Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

11. YOUR LOGO What Does the Law Require? FMLA *Intermittent Leave -written notice requirements -health insurance during FMLA -restoration to original position with limited exception - no deprivation of retirement service credits or benefits which he/she had at the time he/ she went on leave (eg. Accrued but unused vacation, retirement plan eligibility, seniority if applicable.) Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

12. YOUR LOGO What Does the Law Require? Worker’s Compensation Liability insurance or approved State self-funded plan Liability insurance or approved State self-funded plan Disability benefits Disability benefits -temporary partial disability -temporary total disability -permanent partial disability -permanent total disability Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

13. YOUR LOGO Key Employee Exception Highest paid 10% of employees Highest paid 10% of employees (remember, a key employee must be notified in advance that they are a key employee) Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

14. YOUR LOGO Leaves of Absence addressing employee illness and injuries running concurrent, consecutive Is an FMLA leave a reasonable accommodation? What about paid time off other than Worker’s Compensation. When it is time for the employee to return to work, what if he/ she chooses not to? Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved

15. YOUR LOGO What if 12 Weeks has Come and Gone and the Employee is Still Off? Can you terminate? ADA Requirements ADA Requirements Worker’s Compensation Requirements Worker’s Compensation Requirements -No duty to reinstate and you are allowed to require reimbursement for health insurance premium. Meyer Capel, A Professional Corporation 306 West Church Street P.O. Box 6750 Champaign, Illinois 61826-6750 (217) 352-1800 Fax: (217) 352-1083 Email: lgeiler@meyercapel.com ©Lorna Geiler 2011 - All Rights Reserved