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
This CLE webinar will provide employers' counsel with best practices to reduce the risk of lawsuits or government action for employee leave violations under FMLA, ADA or workers' compensation laws, and paid sick leave laws. The panel will outline an employer's obligations under each of 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
- Substance abuse and rehab
- 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 claiming accommodation under FMLA, ADA or workers' comp or other 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, special ADA consideration or workers’ comp?
Faculty
Diane L. Kimberlin
Shareholder
Littler Mendelson
Ms. Kimberlin represents both private companies and public entities in many facets of labor and employment law,... | Read More
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.
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Jeffrey S. Kopp
Partner
Foley & Lardner
Mr. Kopp focuses on labor and employment and commercial litigation, and a variety of emergency and other injunctive... | Read More
Mr. Kopp focuses on labor and employment and commercial litigation, and a variety of emergency and other injunctive relief proceedings. He is an experienced advocate, handling a wide variety of civil litigation matters in federal and state courts in Michigan, Ohio, Indiana, Tennessee, Missouri, Kentucky, and other jurisdictions and matters before state and federal agencies. Mr. Kopp has successfully defended clients before the Sixth Circuit and the Michigan Court of Appeals. He also arbitrates traditional labor grievances. Mr. Kopp also represents lenders in commercial foreclosure cases in Michigan and has successfully obtained receivers and completed UCC Article 9 and real estate foreclosures.
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