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Disability, Leave and Health Management

Employers are faced with an increasing number of—and often conflicting—federal, state and local laws impacting how to manage employees with disabilities, illness and family/personal obligations.

Overview

Our Disability, Leave & Health Management Practice Group takes a multi-disciplinary and collaborative approach to addressing the complexity of disability, leave and health management issues so that employers can maintain legal compliance. At all times, our goal is to help employers reduce the risk of employment litigation, decrease the costs associated with absent and under-productive employees, help contain health care-related expenses, and promote employee health, safety and wellness.

As part of our legal services, we assist employers with navigating complex leave administration questions that require an understanding of federal, state and local laws such as the FMLA, state leave laws, ADA, GINA, HIPAA, COBRA and ERISA. We also offer practical advice on integrating legal obligations under those laws with company paid time-off, disability and group health benefit programs. Some of the specific services we provide include:

  • Reviewing and developing leave and attendance policies;
  • Reviewing and developing template forms and letters used to administer leaves of absence and to process reasonable accommodation requests;
  • Reviewing and developing management guidelines to assist in administering and integrating leave and benefit programs in compliance with federal and state laws;
  • Monitoring and summarizing state leave laws, including a rapidly growing number of state and local paid sick leave laws, to guide day-to-day decision-making for employees who are absent or on leave;
  • Providing legal advice on individual leave and accommodation issues; and
  • Training on integrated disability and absence management compliance obligations.

In addition, our litigation attorneys have extensive experience defending employers against legal challenges to disability management decisions before courts and administrative agencies, including class action litigation.

ADA Title III

Title III of the Americans with Disabilities Act (Title III) requires virtually every business that provides goods and services to the public to make its products and facilities accessible to individuals with disabilities. These Title III mandates create complicated compliance issues that many businesses are only beginning to grapple with and understand. Read More

Wellness Programs

Despite their popularity, wellness programs are drawing increased scrutiny under a variety of federal laws such as the ADA, GINA, Title VII, the ADEA, the EPA, HIPAA, ERISA and the ACA. Depending on the wellness program design, state law may also regulate these programs. We were one of the first law firms to write and speak about the... Read More

The Team

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Jan 19

Melville, NY
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SHRM Long Island Breakfast Series: 2016 Year in Review: What a Year it Was

January 19, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Jan 26

Riverhead, NY
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SHRM Long Island Breakfast Series: 2016 Year in Review: What a Year it Was

January 26, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Feb 16

Melville, NY
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SHRM Long Island Breakfast Series: What a Pain: How to Respond to Difficult Disability Management Issues

February 16, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Archived

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California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Archived

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It Pays to Be Sick: Executive Order 13706 and What it Means for Federal Contractors

October 20, 2016 - 2:30 PM to 3:30 PM EST
Credits: CLE - 1.0/1.2*, HRCI - 1.0, SHRM - 1.0
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Archived

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California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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January 10, 2017

2017: The Year Ahead for Employers

January 10, 2017

An executive summary of recent changes in workplace law and a look ahead to 2017. Read More

January 10, 2017

Ohio Limits Local Workplace Laws, Expands Concealed Carry Rights of Licensed Gun Holders

January 10, 2017

A new Ohio law mandates uniformity of laws across the state affecting wage-hour, paid sick and safe leave and other fringe benefits, and scheduling of employee work hours. Senate Bill 331 expressly prohibits cities and counties from adopting laws in these areas that differ from those enacted at the state and federal level. Senate Bill... Read More

January 5, 2017

Morristown, New Jersey, Issues Paid Sick Leave Employee Notice

January 5, 2017

Morristown, New Jersey, has released the “Notice of Employee Rights to Paid Sick Time” for use by employers preparing for the Morristown Paid Sick Leave Ordinance’s January 11, 2017, effective date. (For details on the Ordinance, see our article, Morristown, New Jersey, Passes Paid Sick Leave Ordinance.) Under the... Read More

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January 12, 2017
Law 360

Michelle Phillips Comments on Accommodating the Rights of LGBTQ Workers

January 12, 2017

Michelle Phillips comments on how employers can be more accommodating of LGBTQ rights in the workplace, published by Law 360. Subscription may be required to view article. Read More

January 10, 2017
SHRM

Michelle Phillips Comments on Texas Lt. Gov. Dan Patrick Proposing Bathroom Bill

January 10, 2017

Michelle Phillips comments on Texas Lt. Gov. Dan Patrick launching controversial transgender “bathroom bill", similar to North Carolina's H.B. 2 bill in "Texas Lieutenant Governor Launches Effort to Enact ‘Bathroom Bill,’" published by SHRM. Subscription may be required to view article Read More

January 9, 2017
SHRM

Matthew Nieman Comments on Marijuana Laws Under a Trump Administration

January 9, 2017

Matthew Nieman comments on what stance President-elect Donald Trump's administration will take on marijuana enforcement in "Will Trump’s Administration Enforce Marijuana Laws?" published by SHRM. Subscription may be required to view article Read More

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See AllBlogs

AARP Suffers a Setback in its Challenge to the EEOC’s Wellness Regulations
January 12, 2017

As previously discussed, AARP has filed suit against the EEOC and challenged the agency’s wellness regulations.  See http://www.disabilityleavelaw.com/2016/10/articles/ada/the-eeocs-2016-wellness-program-regulations-the-saga-continues/  On December 29, 2016, this challenge suffered a setback.  In the December 29, 2016 Memorandum Read More

By Heather C. Panick

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice
January 11, 2017

We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice?  On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt.  In Antoine v. Read More

Is it a New Leave Year?
January 10, 2017

As the clock struck midnight on December 31, 2016, employees across the United States were celebrating. Read More