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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, November 8, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide employers' counsel with best practices to reduce the risk of lawsuits or government action for employee leave violations under the FMLA, ADA, or workers' compensation laws, as well as paid sick leave laws. The panel will outline an employer's obligations under the laws and common areas of confusion and liability.

Faculty

Laura M. Fant
Special Employment Law Counsel
Proskauer Rose LLP

Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act, the Family and Medical Leave Act and related state and local laws. She also provides general employment counseling and has experience reviewing and updating employee handbooks and company policies, as well as providing training on topics such as discrimination and harassment in the workplace, social media, and the accommodation of physical and mental disabilities. Ms. Fant is a frequent contributor to Proskauer’s Law and the Workplace blog.

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Gary Moy
Attorney
Littler Mendelson PC

Mr. Moy advises and represents employers on a broad range of employment matters, from hiring and termination and day-to-day workplace issues to business competition and wage and hour class actions. He represents clients in federal, state, and arbitral proceedings, as well as before various administrative agencies. Mr. Moy handles all aspects of litigation and has litigated cases to trial. In addition to litigation, his practice includes advising clients on reasonable accommodation requests and general compliance with disability, medical leave, and sick and safe leave laws. He has also created training materials and presentations for employers.

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Description

Managing leave under the FMLA, ADA, and workers' compensation laws, as well as paid sick leave laws, for sick or injured workers or workers with disabilities is daunting for many employers. The current environment makes this even more difficult. Employers must balance their efforts to prevent employee abuse of leave against the potential for lawsuits or government action for alleged wrongful denial of leave requests.

Administering employee leave is further complicated because specific medical or disability-related issues can simultaneously be subject to different federal and state laws. The employer must ensure consistent compliance with the requirements of each.

Listen as our panel of employment attorneys examines the interplay between the FMLA, ADA, and workers' compensation laws, as well as paid sick leave laws; discusses situations where conflicts arise; and offers strategies for employers and their counsel to comply with the law and minimize liability and government action.

Outline

  1. Source for legal obligations--and their interplay
    1. FMLA
    2. ADA
    3. Workers' compensation
    4. Paid sick leave laws
  2. Leave requirements and limitations
  3. Accommodation requirements
    1. Unique concerns
    2. Violation of employee privacy
    3. Reinstatement/reassignment
    4. Recordkeeping
  4. Best practices to resolve conflicts among competing laws and avoid retaliation/discrimination claims

Benefits

The panel will review these and other critical issues:

  • What are best practices to avoid retaliation/discrimination charges by an employee seeking leave or claiming accommodation under the FMLA, ADA, workers' comp, or state laws?
  • What are the most common types of employee leave abuse--and how can employers address them without violating the law?
  • How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
  • How can employers approach disciplining an employee claiming entitlement to leave, ADA accommodation consideration, or workers' comp?