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 webinar with Q&A
Conducted on Thursday, March 23, 2017
Recorded event now available
This CLE webinar 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. The panel will outline an employer’s obligations under each of the laws and common areas of confusion and liability.
Managing leave for sick or injured workers under the FMLA, ADA and workers’ compensation laws is daunting for most employers. 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 by the fact that certain medical or disability-related issues can be subject to different federal and state laws at the same time. The employer must simultaneously ensure consistent compliance with the requirements of each.
Listen as our panel of employment counsel examines the interplay between the FMLA, ADA and workers’ compensation laws; discusses common situations where conflicts arise; and offers strategies for employers and their counsel to comply with the laws and minimize liability and government action.
- Source for legal obligations—and their interplay
- Workers’ compensation
- Leave requirements and limitations
- Accommodation requirements
- Unique concerns
- Employee violation of policy
- Disciplining employees
- Light duty/reinstatement
- Best practices to resolve conflicts among competing laws and avoid retaliation/discrimination claims
The panel will review these and other key issues:
- What are the most common types of employee leave abuse—and how can employers address the abuse 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, special ADA consideration or workers’ comp?
- What are the best practices to avoid retaliation/discrimination charges by an employee claiming accommodation under FMLA, ADA or workers’ comp?
Diane L. Kimberlin, Shareholder
Ms. Kimberlin represents both private companies and public entities in many facets of labor and employment law, including wage and hour class actions, leaves of absence and the duty to accommodate disabled individuals, and the defense of wrongful discharge claims. In recent years she has devoted a significant part of her practice to the defense of retail and service sector employers faced with wage and hour class action claims.
Jeffrey S. Kopp, Partner
Foley & Lardner,
Mr. Kopp has represented and counseled clients in various labor and employment, FMLA, OFCCP and EEO compliance, unemployment, workers’ compensation leave, and noncompete and trade secret matters. He arbitrates traditional labor grievances and regularly provides employers with proactive employment counseling techniques to minimize the risk of litigation.
Salomon Laguerre, Esq.
Mr. Laguerre represents many of the nation’s leading companies in employment related matters in both state and federal courts. His practice includes counseling and representing clients on a wide range of employment issues including discrimination, wage and hour, wrongful termination, as well as disputes arising out of noncompete agreements. Mr. Laguerre represents clients in proceedings before the EEOC, and regularly handles employment-related transactional matters including drafting and analyzing employment agreements, separation agreements, and company policies.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
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Recorded Webinar Download $297.00
Available 48 hours after the live event
Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
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CLE Credits By State
Great convenience! It was nice to be able to get CLE credit without leaving my office.
A very good nuts and bolts program on what to do in this area.
The Law Office of Carol Coplan Babbitt
I liked the range of topics covered, from basic to advanced.
Garrity Graham Murphy Garofalo & Flinn
Convenient, interesting and informative. Strafford brought together good subject matter experts with practical knowledge.
Udall Law Firm
I thought it was great to hear from some experts on this topic.
MSC Industrial Direct Co.
Employment & ERISA Advisory Board
Schulte Roth & Zabel
Holland & Hart
Goulston & Storrs
Shook Hardy & Bacon
Bracewell & Giuliani
Gibson Dunn & Crutcher
Epstein Becker & Green
Freeman Freeman Smiley
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