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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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Mar 7

Albuquerque, NM
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Albuquerque Business First Grow NM: What Cannabis Legalization Means for your Business

March 7, 2019 - 7:30 AM to 9:30 AM MST
30 Rainbow Rd. - Albuquerque, NM
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Feb 27

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Are You Up-To-Date With the Latest ADA and FMLA Legal Developments?

February 27, 2019 - 2:00 PM to 3:00 PM EST
Credits: CLE - *Pending, HRCI - Pending, SHRM - Pending
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Mar 5

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Navigating the Puerto Rico Leave Management Maze

March 5, 2019 - 1:00 PM to 2:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Mar 7

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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: CLE - *Pending, HRCI - Pending, SHRM - Pending
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January 28, 2019

Massachusetts Releases Draft Regulations, Contribution Rates for State Paid Family and Medical Leave

January 28, 2019

The Massachusetts Department of Family and Medical Leave has released draft regulations for the Massachusetts Paid Family and Medical Leave Act (G.L. c. 175M). The proposed regulations, released on January 23, 2019, track many of the statute’s requirements. In addition to the draft regulations, the Department provided information on the... Read More

January 10, 2019

Massachusetts Sets Date for Publication of Draft Regulations on Paid Family and Medical Leave

January 10, 2019

The newly-created Massachusetts Department of Family and Medical Leave has stated that it plans to publish draft regulations for the recently enacted Massachusetts Paid Family and Medical Leave Law no later than January 23, 2019.  In addition, the Massachusetts Department of Family and Medical Leave has scheduled a number of public... Read More

January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

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February 20, 2019
Jackson Lewis

Jackson Lewis Names Kyle B. Russell as Managing Principal of Kansas City Region Offices

February 20, 2019

OVERLAND PARK, KS (February 20, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Kyle B. Russell has been named Managing Principal of the firm’s Overland Park, Kansas, and Kansas City, Missouri, offices. Mr. Russell has served as the Litigation Manager in both offices since 2015.... Read More

February 6, 2019
Jackson Lewis

Kathryn Russo Discusses Implications of Retaliation Claims Under Medical Marijuana Laws

February 6, 2019

Kathryn Russo discusses the implications of legal protections for employees’ medical marijuana use in light of recent pro-worker court rulings, in "Medical Marijuana Use Worker Protections Growing, Rulings Show," published by Bloomberg Law. Subscription may be required to view article Read More

January 23, 2019
Jackson Lewis

Lisa Barnett Sween Named Managing Principal in San Francisco

January 23, 2019

SAN FRANCISO, CA (January 23, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Lisa Barnett Sween has been named Office Managing Principal in San Francisco. Ms. Sween succeeds Fraser McAlpine, who stepped down to focus on his growing litigation practice. “Lisa’s strong leadership... Read More

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Flesh Eating Bacteria Ate My Homework
February 19, 2019

If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.” Wonder no more. Gary Brunckhorst worked for the City of Oak Park Heights Minnesota for more than fifteen years. Read More

Unsettled Waters at the Accommodation of Last Resort
February 15, 2019

In 2019, we are poised to learn where the Fourth Circuit stands on reassignment as an accommodation—an issue that has split the Circuits. Read More

Village of Glenview Latest Municipality to Opt Back In to the Cook County Earned Sick Leave Ordinance
February 14, 2019

On February 7, 2019, the Village of Glenview, Illinois, voted to opt back in to the Cook County Earned Sick Leave Ordinance, effective July 1, 2019. In doing so, Glenview joins the growing list of suburban municipalities to reconsider their previous opt-outs, including Wilmette, Northbrook, and Western Springs. Read More

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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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