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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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Washington’s New Paid Sick and Safe Leave Laws: So You Think You’re Compliant?

February 20, 2018 - 11:00 AM to 12:00 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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Drug & Alcohol Testing and Marijuana in the Workplace

January 29, 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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Archived

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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: 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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February 21, 2018

Maine Recreational Marijuana Law Limits Drug Testing, Disciplinary Consequences Imposed by Employers

February 21, 2018

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal... Read More

February 7, 2018

Déjà Vu: Implications of a Government Shutdown on Federal Contractors

February 7, 2018

For the second time in a month, for lack of agreement on funding the government long-term, we face the specter of a government shutdown. The government shutdown that began on January 20, 2018, lasted three days. Congress ended that shutdown after voting on a stopgap measure to fund the government until February 8, 2018. As that date... Read More

February 5, 2018

Puerto Rico Bars Use of Legitimate Absences in Performance Review, Adds Catastrophic Illness Leave

February 5, 2018

Just one year after substantial changes to Puerto Rico employment laws became effective, the Governor has enacted two new sick leave laws. One shields employees from adverse consequences from sick leave use. The other creates a special leave for catastrophic illnesses. Act No. 60 of January 27, 2018 The Puerto Rico Minimum Wage,... Read More

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February 21, 2018
Bloomberg BNA Big Law Business

Kathryn Russo's Congressional Testimony Before House Subcommittee Highlighted

February 21, 2018

Kathryn Russo is highlighted for her recent Congressional testimony before House Subcommittees on the opioid epidemic and implications for workplaces in "Wake Up Call: Ex-Skadden Lawyer Gives Mueller Guilty Plea, Not Cooperation," published by Bloomberg BNA Big Law Business. Subscription may be required to view article Read More

February 20, 2018
Jackson Lewis

Jackson Lewis Attorney Kathryn J. Russo Testifies Before House Subcommittees on Impacts of Opioids in the Workplace

February 20, 2018

WASHINGTON, D.C. (February 20, 2018) Kathryn J. Russo, Principal at Jackson Lewis P.C., testified before the U.S. House of Representatives’ Subcommittee on Health, Employment, Labor, and Pensions and the Subcommittee on Workforce Protections during a joint hearing on "The Opioids Epidemic: Implications for America's Workplaces" in... Read More

February 15, 2018
SHRM

Matthew Nieman Discusses Best Drug-Testing Methods for Job Candidates

February 15, 2018

Matthew Nieman discusses which method of drug-testing job candidates is most effective in "Hair, Saliva or Urine—Which Is Best for Drug-Testing Job Candidates?" published by SHRM. Subscription may be required to view article Read More

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Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers
February 21, 2018

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. Read More

What Am I Doing Wrong?? Common FMLA Mistakes
February 20, 2018

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the thirteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not properly issuing an employee the FMLA Designation Notice. Read More

By Sheri L. Giger and Bryant Andrews-Nino

Could Your Parental Leave Policy Be Considered Sex Discrimination?
February 20, 2018

With the increase in the number of states that require various types of paid leave, now is a good time to examine your leave policies.  While often overlooked, one policy that could expose an employer to liability is its maternity leave or parental leave policy.   As the EEOC’s Guidance on Pregnancy Discrimination and Related Issues... Read More