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.

Description

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.

Outline

  1. Source for legal obligations—and their interplay
    1. Workers’ compensation
    2. FMLA
    3. ADA
  2. Leave requirements and limitations
  3. Accommodation requirements
    1. Unique concerns
    2. Employee violation of policy
    3. Disciplining employees
    4. Light duty/reinstatement
    5. Recordkeeping
  4. Best practices to resolve conflicts among competing laws and avoid retaliation/discrimination claims

Benefits

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?

Faculty

Diane L. Kimberlin, Shareholder
Littler Mendelson, Los Angeles

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, Detroit

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.
Seyfarth Shaw, Atlanta

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.


Recordings

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

How does this work?


Recorded 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.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
Available 48 hours after the live event

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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

Great convenience! It was nice to be able to get CLE credit without leaving my office.

Susan Nelson

Nelson Mullins

A very good nuts and bolts program on what to do in this area.

Carol Babbitt

The Law Office of Carol Coplan Babbitt

I liked the range of topics covered, from basic to advanced.

JoAnn Katzban

Garrity Graham Murphy Garofalo & Flinn

Convenient, interesting and informative. Strafford brought together good subject matter experts with practical knowledge.

Thom Cope

Udall Law Firm

I thought it was great to hear from some experts on this topic.

Debbi Cicerello

MSC Industrial Direct Co.

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Nancy Morrison O'Connor

Partner

Bracewell & Giuliani

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.