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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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Oct 11

Cincinnati, OH
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Annual Disability and Leave Management Symposium: Leave it to Us

October 11, 2017 - 8:00 AM to 11:45 AM EST
1624 Herald Avenue - Cincinnati, OH
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Oct 18

Bloomington, MN
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Disability and Leave Management Symposium

October 18, 2017 - 12:00 PM to 6:00 PM CST
3200 East 81st Street - Bloomington, MN
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Dec 7

Las Vegas, NV
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Nevada Labor & Employment Law Symposium

December 7, 2017 - 8:00 AM to 5:00 PM PST
3960 S. Las Vegas Blvd - Las Vegas, NV
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Sep 27

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The Massachusetts Pregnant Workers Fairness Act and Employer Obligations to Pregnant and New Parent Workers

September 27, 2017 - 3:00 PM to 4:00 PM EST
Credits: CLE - 1.0, HRCI - 1.0, SHRM - 1.0
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Archived

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Preparing for New York Paid Family Leave: Are You Ready?

September 13, 2017 - 1:00 PM to 2:00 PM EST
Credits: CLE - 1.0, HRCI - 1.0, SHRM - 1.0
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Archived

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Preparing for New York Paid Family Leave: Are You Ready?

September 6, 2017 - 1:00 PM to 2:00 PM EST
Credits: CLE - 1.0, HRCI - 1.0, SHRM - 1.0
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September 8, 2017

Washington Enacts Healthy Starts Act: New Workplace Accommodation Protections for Pregnant Employees

September 8, 2017

Washington recently enacted new workplace accommodation protections for pregnant employees. The Healthy Starts Act (RCW 43.10.005):[1] Applies to employers of 15 or more employees.  Specifies four accommodations for which employers MAY NOT (1) ask for medical verification; (2) claim undue hardship. Specifies four... Read More

August 24, 2017

Connecticut Strengthens Protections for Pregnant Employees

August 24, 2017

Connecticut’s “An Act Concerning Pregnant Women in the Workplace” strengthens considerably the workplace protections for pregnant employees and applies to employers who employ at least three employees. The Act takes effect on October 1, 2017. Who is Covered The Act defines “pregnancy” broadly. The definition includes “pregnancy,... Read More

August 15, 2017

Why the Chicago and Cook County Paid-Sick-Leave Ordinances May Apply to Your Organization

August 15, 2017

Paid-sick-leave ordinances (PSLOs) became effective in the City of Chicago and Cook County on July 1, 2017. The PSLOs require employers to grant paid sick leave to employees on terms more generous than what most employers have historically offered. (For example, see our article, Cook County, Illinois, Issues Final Paid Sick Leave... Read More

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September 20, 2017
SHRM

Susan Groff Comments on California Parental Leave Bill, S.B. 63

September 20, 2017

Susan Groff comments on bill S.B. 63, that would require businesses with 20-49 employees to provide 12 weeks of job-protected parental leave to eligible workers following a child's birth, adoption or foster care placement in "California Parental Leave Bill Sent to Governor's Desk," published by SHRM. Subscription may be... Read More

September 11, 2017
HR Dive

Sarah Skubas Comments on Widespread Prescription Drug Misuse

September 11, 2017

Sarah Skubas comments on the increased rate of prescription drug misuse in "Study: 52% of test results suggest widespread prescription drug misuse," published by HR Dive. Subscription may be required to view article Read More

August 22, 2017
Daily Business Review

Joanne Braddock Lambert Discusses Her Appointment to Office Managing Principal in Orlando

August 22, 2017

Joanne Braddock Lambert discusses her recent elevation to Orlando Office Managing Principal in "Jackson Lewis Appoints Joanne Lambert as Managing Partner in Orlando," published by Daily Business Review. Subscription may be required to view article Read More

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See AllBlogs

Employers Should Engage In the Interactive Process Even If They Believe the Employee Is Not Qualified.
September 19, 2017

Diligent and well informed employers know that it is the best practice to engage in an individualized assessment of a requested accommodation. Read More

Leaving Defenses On The Table In Drafting Employee Handbooks And Posting Notices
September 7, 2017

While off-the-shelf employee handbooks can be cost-efficient in the short-term, sometimes they leave important employer defenses on the table.  This is particularly true for state-specific defenses.  For example, while most Michigan employers know it is best to include a reporting procedure for harassment in their employee handbook, ma Read More

Quest Diagnostics Report Reveals That Prescription Drug Misuse Remains Widespread
September 7, 2017

A new Quest Diagnostics report released on September 6, 2017 reveals that over 50% of drug test results showed evidence of misuse of prescription drugs.  The report, entitled “Prescription Drug Misuse in America: Diagnostic Insights in the Growing Drug Epidemic,” examined 3.4 million prescription medication monitored lab tests performed b Read More