Employee Leave Under FMLA, ADA, and Workers' Comp: Navigating Overlapping and Conflicting Leave Laws
Avoiding Pitfalls With Accommodation, Retaliation/Discrimination; Handling Light Duty, Company Policy Violations, and Discipline
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Source for legal obligations--and their interplay
- FMLA
- ADA
- Workers' compensation
- Paid sick leave laws
- Leave requirements and limitations
- Accommodation requirements
- Unique concerns
- Violation of employee privacy
- Reinstatement/reassignment
- Recordkeeping
- 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?
Faculty
Laura M. Fant
Special Employment Law Counsel
Proskauer Rose
Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act,... | Read More
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
Mr. Moy advises and represents employers on a broad range of employment matters, from hiring and termination and... | Read More
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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