Return to Work and Fitness-for-Duty Certification Challenges Under the FMLA and ADA
Complying With Notice, Reasonable Accommodation and Other Requirements; Minimizing Interference and Retaliation Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare employment counsel to help their clients navigate return-to-work and fitness-for-duty certification issues when an employee is due to return from ADA- or FMLA-protected leave. The panel will outline an employer’s obligations under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and other leave protection laws and outline best practices for avoiding interference and retaliation claims.
- FMLA brief overview
- FMLA return to work requirements
- FMLA-ADA interplay for employees returning from FMLA leave
- Managing fitness-for-duty certifications under the FMLA and ADA
- Best practices for avoiding interference and retaliation claims
The panel will review these and other key issues:
- What are the requirements under the FMLA for employers managing return to work matters?
- What best practices should employers follow to determine if an employee returning from FMLA leave is entitled to an accommodation under the ADA?
- When may an employer require an employee returning from FMLA to produce a fitness-for-duty certification?
L. Eric Dowell
Ogletree Deakins Nash Smoak & Stewart
Mr. Dowell represents employers on a wide variety of matters involving discrimination, accommodating disabilities and... | Read More
Mr. Dowell represents employers on a wide variety of matters involving discrimination, accommodating disabilities and family leave, and wrongful termination, among other claims. Mr. Dowell also counsels on how to stay compliant with federal and state laws, and avoid wrongful termination, harassment and discrimination lawsuits. He is a frequent author and lecturer on employment law topics.Close
Jonathan R. Mook
Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with... | Read More
Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with Disabilities Act: Employee Rights and Employer Obligations” and “Americans with Disabilities Act: Public Accommodations and Commercial Facilities.” Mr. Mook lectures nationally on the ADA and other employment law topics.Close