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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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See All Upcoming Events

Speaking Engagement

Philadelphia, PA
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Pennsylvania Bar Institute: Become an ADA Accommodation Expert in About an Hour

September 20, 2018 - 8:30 AM to 3:45 PM
Wanamaker Building, 10th Floor, Suite 1010 - Philadelphia, PA
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Oct 5

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

October 5, 2018 - 8:00 AM to 11:45 AM EST
1624 Herald Avenue - Cincinnati, OH
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Archived

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Inside the Amendments to New York City’s Fair Workweek Law and Earned Sick Leave Law: Deciphering Employers’ Obligation to Accommodate Employees’ Requests for Temporary Schedule Changes

June 28, 2018 - 1:00 PM to 1:30 PM EST
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Archived

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Paid Sick and Safe Leave: Are You Still Compliant with Seattle Changing its Rules Again?

June 28, 2018 - 11:30 AM to 12:30 PM PST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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How The Tax Reform Bill Impacts Employers

May 10, 2018 - 12:00 PM to 1:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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August 8, 2018

New York Steps Closer to Legalizing Recreational Marijuana Use with Creation of Drafting Workgroup

August 8, 2018

New York Governor Andrew Cuomo is setting the stage to begin debate over the legalization of marijuana for recreational use during the 2019 Legislative Session. The current marijuana program, restricted to medical marijuana usage, was signed into law in 2014. On August 2, 2018, Governor Cuomo announced the creation of a workgroup to... Read More

July 23, 2018

South Carolina Issues New Pregnancy Accommodations FAQs and Anti-Discrimination Poster

July 23, 2018

The South Carolina Human Affairs Commission (SCHAC) has published Frequently Asked Questions on the new state Pregnancy Accommodations Act. It also has published a new anti-discrimination poster that includes provisions required under the Act. The Act amends the South Carolina Human Affairs Law to require employers with at least 15... Read More

July 13, 2018

New York Legislature Approves Paid Family Leave Expansion for Bereavement and Organ Tissue Donation

July 13, 2018

On the last day of the 2018 New York Legislative Session, lawmakers approved a measure that would expand access to the current New York Paid Family Leave benefit to employees experiencing bereavement due to the death of a family member. If the Governor signs the bill (S.8380-A (Funke)/A.10639-A (Morelle)), employees may start... Read More

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August 16, 2018
SHRM

Lisa Marrello and Kevin Bronner Author "New York Steps Closer to Legalizing Recreational Marijuana Use"

August 16, 2018

Lisa Marrello and Kevin Bronner author "New York Steps Closer to Legalizing Recreational Marijuana Use," published by SHRM. Subscription may be required to view article Read More

July 31, 2018
Bloomberg BNA

Jennifer Shoaf Richardson Discusses the Proposed Rule on Parental Leave Continuances

July 31, 2018

Jennifer Shoaf Richardson discusses a proposed rule that would automatically grant a continuance for any lead counsel following the birth or adoption of a child in "Trial Date v. Due Date: Courts Make Room for Parental Leave," published by Bloomberg BNA. Subscription may be required to view article Read More

July 25, 2018
Daily Business Review

Jennifer Shoaf Richardson Discusses a Newly Proposed Florida Parental Leave Rule

July 25, 2018

Jennifer Shoaf Richardson discusses the Florida Supreme Court weighing a newly proposed rule that would create a presumption that pregnant lawyers should get three-month continuances in "Female Attorneys Fuming After Miami Lawyer Opposed a Pregnant Lead Attorney's Request for Continuance," published by Daily Business Review. ... Read More

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Employers Must Have Duties Based Reasons to Support the Assertion that Full-Time Attendance Is an Essential Job Function
August 18, 2018

Teenagers are not the only ones dissatisfied when their pleas of “why” are met with a “because I said so.” It turns out that courts of appeal do not care for it either. Read More

New Jersey Law Does Not Require Employers To Accommodate Medical Marijuana Users With Drug Test Waivers
August 15, 2018

A federal court in New Jersey has held that neither the New Jersey Compassionate Use Medical Marijuana Act (“NJCUMMA”) nor the New Jersey Law Against Discrimination (“NJLAD”) compels an employer to waive its requirements for employees to pass drug tests, even when those drug tests include testing for marijuana. Cotto v. Read More

Your Presence Is Required: Employee Unable to Travel to Job Site Was Not “Qualified” Within the Meaning of the ADA
August 12, 2018

In recent years, particularly with technology making it easier for employees to work remotely, courts have struggled to determine whether onsite attendance is an essential job function under the Americans with Disabilities Act (“ADA”).  This question is often dispositive because only qualified individuals—those who can perform a job’s Read More