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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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Archived

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Washington Paid Family and Medical Leave Law: What Employers Need to Know

March 27, 2019 - 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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Archived

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Leave & Accommodation Developments for New York Employers

March 21, 2019 - 2:00 PM to 3:00 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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Massachusetts Paid Family Leave Act: What Employers Need to Know

March 7, 2019 - 2:00 PM to 3:00 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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April 19, 2019

Massachusetts Releases Paid Family and Medical Leave Employee Template Notices

April 19, 2019

The Massachusetts Department of Family and Medical Leave (DFML) has released template notices employers may use to fulfill the notice requirement to employees and 1099-MISC independent contractors under the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. Employers must provide a notice to their current workforce by... Read More

April 17, 2019

Kentucky Adopts Pregnant Workers Act

April 17, 2019

Beginning June 27, 2019, Kentucky employers must provide reasonable accommodations to employees who are limited due to pregnancy, childbirth, and related medical conditions, unless it would impose an undue hardship on the employer to do so. The Kentucky Pregnant Workers Act amends the Kentucky Civil Rights Act (KCRA) and applies to... Read More

April 4, 2019

New York Employees Get Up To Three Hours of Paid Time Off to Vote

April 4, 2019

A revision to New York’s election law gives workers in the state up to three hours of paid time off to vote, Governor Andrew Cuomo highlighted in an announcement released on April 1, 2019, about New York’s enacted budget for fiscal year 2020. Effective immediately, the New York Election Law § 3-110 reads as follows: A registered... Read More

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April 12, 2019
SHRM

Kathryn Russo Comments on Implications of New York City Council Passing Ban on Pre-Employment Marijuana Testing

April 12, 2019

Kathryn Russo comments on the implications of New York City Council passing legislation that bans pre-employment testing for marijuana in "New York City Council Passes Ban on Pre-Employment Testing for Marijuana," published by SHRM. Subscription may be required to view article Read More

March 25, 2019
Chief Executive

Kathryn Russo Discuses How Changing Marijuana Laws are Affecting Workplace Hiring Policies

March 25, 2019

Kathryn Russo discusses the shifting legal landscape for marijuana laws and how it is impacting hiring practices in "Reefer Madness: The Thorniest Labor Issue Of The Decade," published by Chief Executive.  Subscription may be required to view article Read More

February 22, 2019
Kansas City Business Journal

Kyle Russell Discusses His Elevation as Managing Principal in Jackson Lewis' Overland Park and Kansas City Offices

February 22, 2019

Kyle Russell discusses his new position as Office Managing Principal in the Overland Park and Kansas City locations of Jackson Lewis in "Fast-growing law firm names new Kansas City-area leader," published by Kansas City Business Journal. Read More

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Poster Released for the Westchester County Earned Sick Leave Law
April 18, 2019

Westchester County has released a poster for the Westchester County Earned Sick Leave Law (“WCESLL”).  By July 10, 2019, all employers covered by the law must post the poster in English, Spanish and any other language deemed appropriate by the County of Westchester, in a conspicuous location. Read More

Plaintiff With PTSD Not Disabled Under The ADA, Sixth Circuit Rules
April 17, 2019

The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. Read More

New Mexico Amends Medical Marijuana Law To Provide Employment Protections
April 15, 2019

The New Mexico medical marijuana law has been amended to provide employment protections to employees and applicants. The amendments were signed into law by the governor on April 4, 2019. Read More

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Apr 16

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Do’s and Don’ts of the ADA Interactive Process

Jeffrey Schlossberg and Henry Shapiro discuss the do’s and don’ts of the ADA interactive process.

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Oct 23

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Intermittent FMLA Leave

Corey Donovan Tracey and James Verdi discuss managing Family and Medical Leave Act (FMLA) intermittent leave.

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