Long COVID and Employment Regulations: ADA, FMLA, State and Local Law Implications
Biden's New Guidance on Long Term ADA Disability Classification
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine how planning how to safely return their workforce to the office and implementing reopening policies should address employees with "long COVID" and other continuing COVID-19 psychological and physical complications. The panel will address if these employees may be covered under federal, state, and local disability and medical leave laws and the conflicting requirements of those regulations.
- Definition of COVID-19 "long hauler"
- Short-term disability
- Reasonable accommodations
- Long-term disability
- Intermittent leave
- State laws
- New York
- Other states
The panel will review these and other relevant topics:
- What symptoms should employers look for when evaluating COVID-19 long haulers as a potential disability?
- When should an employer and employee consider long-term disability or other options, including retirement?
- How can counsel assist employers in evaluating FMLA intermittent leave requests?
- What state employment laws may affect a COVID-19 long hauler's leave requests?
Richard L. Gillespie
Mr. Gillespie represents and advises employers of all sizes and industries in all aspects of labor and employment law.... | Read More
Mr. Gillespie represents and advises employers of all sizes and industries in all aspects of labor and employment law. This includes individual, class and collective actions that involve alleged wage and hour violations, sexual harassment, discrimination, retaliation, wrongful termination, and employment-related torts. He regularly appears before state and federal courts throughout the state, and before various governmental agencies. Mr. Gillespie represents clients in the construction, hospitality, e-commerce, interior design, mortgage, insurance, and retail industries, and continually provides advice and counsel to companies to help them stay abreast of California’s nuanced and ever-changing laws. He also regularly works with the Littler Learning Group to provide clients and their employees with trainings on antidiscrimination and harassment, how to provide and maintain a respectful workplace, as well as training sessions on wage and hour compliance and best practices. Mr. Gillespie additionally routinely presents on issues from legal updates and new laws to the numerous effects and changes COVID-19 has had on the workplace.Close
Christina M. Janice
Barnes & Thornburg
Ms. Janice represents clients in nationwide and regional employment discrimination and commercial litigation, wage and... | Read More
Ms. Janice represents clients in nationwide and regional employment discrimination and commercial litigation, wage and hour class and collective actions, EEOC, DOL and other administrative complaints, whistleblower complaints, federal and state enforcement litigations, and high-profile executive and single-plaintiff civil rights and employment disputes. A former in-house counsel and executive for an S&P 500 international retailer, Ms. Janice also counsels employers on a wide variety of compliance topics, ranging from domestic and international human resources matters to human resources administration best practices, disability and other leave laws, performance management, executive compensation and severance, loss prevention, OSHA compliance, COVID-19 planning, to virtually all aspects of workforce integration, retrenchment, WARN compliance, and employment risk reduction incident to mergers and acquisitions.Close