Managing Employee Leave and Accommodation Under the FMLA, ADA and Local Leave Laws
Ms. Moretzsohn, Ms. Turenne
It can be difficult for employers to manage employee leave requests with so many overlapping and rapidly changing laws. Employers need to understand the interplay between the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state and local leave laws. We will cover: • the distinctions between a “serious health condition” and a “disability” • the process for identifying a medical issue as FMLA and/or ADA qualifying • details about intermittent leave and reasonable accommodation • when job protection is required. You will need your cell phone for this informative and interactive session!
Navigating the Murky Waters of the FMLA: The Tough Issues
Ms. Burke, Ms. Greenspan
Take a peek at recent FMLA opinions from across the country, including FMLA abuse, employer’s use of third-party administrators, the re-certification process, answering the question of whether plaintiffs can really obtain summary judgment on interference claims, and delving into damages issues, including the nature of proofs required for the “good faith” defense and avoiding liquidated damages.
My Employee on Leave Is Doing WHAT on Facebook: Using Technology to Detect, Confront and Prevent Leave Abuse
Employees fraudulently taking leave impacts an employer’s bottom line, company resources and the morale of the employees who are working harder to cover the work of employees on leave. The use of social media, video surveillance and other technology, if properly utilized, can effectively detect and prevent leave abuse. What can employers do if an employee is posting on social media while on leave, or is otherwise suspected of leave abuse? What are the legal risks? Take away the guardrails needed to successfully use technology to confront leave abuse.
Recorded live in July 2020.