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

September 23, 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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Puerto Rico Passes New Leave of Absence for Victims of Domestic Violence, Sexual Harassment and Assault

September 5, 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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The Rise of ADA Web Accessibility Lawsuits in the Hospitality Industry

May 16, 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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October 25, 2019

Election Day is Coming – What are Your Obligations as an Employer?

October 25, 2019

With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance.... Read More

October 21, 2019

FMCSA Clearinghouse Opened, Transportation Department Announces

October 21, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse registration, which is the electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations, is open, the agency has announced. The Clearinghouse will become operational on... Read More

October 4, 2019

New Connecticut Law Requires Policy on Opioid Antagonists at Colleges, Universities

October 4, 2019

Connecticut has enacted changes to its opioid laws that include requiring institutions of higher education to implement a policy on the availability and use of opioid antagonists for students and staff. Public Act No. 19-191, “An Act Addressing Opioid Use,” makes various other revisions to the state’s opioid use prevention and... Read More

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November 6, 2019
St. Louis Public Radio KWMU

Thomas Berry Discusses Implications of New Illinois Law Legalizing Marijuana and its Impact on Drug-Free Workplace Policies

November 6, 2019

Thomas Berry discusses implications of new Illinois law legalizing recreational marijuana on corporate policies regarding drug-free workplace and hiring practices in “How Legal Cannabis Could Cloud Illinois Employers' Ability To Enforce Drug-Free Policies,” published by St. Louis Public Radio KWMU. Subscription may be required to view... Read More

October 24, 2019
Risk & Insurance

Tasos Paindiris Comments on Implications of Maryland’s New Leave Law for Organ Donors

October 24, 2019

Tasos Paindiris comments on the implications of Maryland’s new leave law requiring employers to provide unpaid time off for organ and bone marrow donations in “Workers’ Comp and Paid Leave Legislative Updates in the South,” published by Risk & Insurance. Subscription may be required to view article Read More

October 4, 2019
Law360

Leslie Saint Discusses How Employers are Unintentionally Discriminating Against Requested Disability Accommodations

October 4, 2019

Leslie Saint discusses how NJ employers may be unknowingly discriminating against employees seeking accommodations for a disability in “5 Ways NJ Employers Unknowingly Invite Bias Suits” by Law360.  Subscription may be required to view article  Read More

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Can an Employer Refuse to Hire an Employee Because of the Employee’s Risk of Developing a Disability?
November 11, 2019

The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. Read More

What Am I Doing Wrong?? Common FMLA Mistakes
November 7, 2019

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration.  This is the 27th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability. Read More

Westchester Safe Time Leave Has Arrived
October 30, 2019

The Westchester County Safe Time Leave Law takes effect today October 30, 2019.  Starting on January 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them.   Employers have until January 28, 2020 to provide a copy of... 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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