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- videocam Live Webinar with Live Q&A
- calendar_month July 29, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Employment & Workers Comp
- schedule 90 minutes
Performance and Termination Decisions Under FMLA, ADA, and Other Employment Leave Laws
Avoiding Retaliation Claims and Litigation When Disciplining or Discharging Employees on Protected Leave
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE webinar will prepare employment counsel to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The panel will outline an employer's obligations under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and other leave protection laws, as well as best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.
Description
Terminating or disciplining an employee for performance or disciplinary reasons is difficult under the best of circumstances. Terminating or disciplining an employee who is on leave adds layers of complexity and potentially can expose an employer to costly claims and lawsuits for interference, failure to accommodate, or retaliation.
The FMLA, ADA, and analogous state and local statutes may protect employees who need to take time off from work because of medical, disability, or family issues. In addition, disciplining or discharging an employee who is on leave or recently returned from leave may present retaliation risks.
Listen as our experienced panel of employment attorneys discusses strategies for navigating difficult performance and termination decisions when they arise while an employee is on leave and/or recently returned from leave. The panel will discuss how the leave, accommodation, workers' compensation, and statutory benefits laws intersect and outline best practices for handling performance issues and avoiding retaliation claims.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, July 29, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Briefing on federal and state leave protection laws
II. Documentation best practices
III. Timing considerations
IV. Strategies for overcoming abuse
V. Best practices to avoid retaliation claims
VI. Key takeaways
The panel will review these and other relevant issues:
- How can employers respond to common types of employee leave abuse without violating the law?
- How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
- What are the best practices to implement to avoid retaliation/discrimination claims under the FMLA, ADA, workers' comp, or statutory disability benefits?
- When is it permissible to terminate an employee on FMLA leave?
- How do courts evaluate timing issues in retaliation cases?
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Unlimited access to premium CPE courses.:
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
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- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
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- Best for new attorneys
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