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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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May 10

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How The Tax Reform Bill Impacts Employers

May 10, 2018 - 12:00 PM to 1:00 PM EST
Credits: CLE - Pending, HRCI - 1.0, SHRM - 1.0
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Archived

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The New ERISA Regulations for Disability Claims and Appeals

March 22, 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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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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April 13, 2018

New Jersey Legislature Passes Paid Sick Leave Bill

April 13, 2018

On April 12, 2018, the New Jersey State Senate, by a vote of 24-12, passed the New Jersey Paid Sick Leave Act (the “Act”). The Act, which passed the Assembly last month by a 50-24 margin, requires businesses of all sizes to provide up to 40 hours of paid sick leave to employees during an employer-established benefit year. The Act, which... Read More

April 4, 2018

Retail Industry Workplace Law Update – Spring 2018

April 4, 2018

When ICE Knocks Immigration and Customs Enforcement, or ICE, is responsible for enforcement of laws related to unlawful employment of workers, and the agency’s increased enforcement activities should have retailers reviewing their plans. Read full article… Washington Ban-the-Box Law Limits Criminal Background Inquiries Retailers... Read More

March 22, 2018

Washington Expands Employment Discrimination Protections for Victims of Domestic Violence

March 22, 2018

Job applicants and employees in Washington who are survivors of domestic violence, sexual assault, or stalking will have new protections against employment discrimination under a law that will go into effect on June 7, 2018. “An Act relating to protecting survivors of domestic violence, sexual assault, and stalking from employment... Read More

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April 19, 2018
SHRM

Megan Holstein Discusses the Paid Family Leave Federal Tax Credit

April 19, 2018

Megan Holstein discusses the IRS releasing guidance FAQs regarding the employer tax credit for paid family and medical leave in "IRS Issues First FAQs on Paid-Leave Credit," published by SHRM. Subscription may be required to view article     Read More

March 30, 2018
WorkBoat

Kathryn Russo Comments on Implications of Maine's Marijuana Laws

March 30, 2018

Kathryn Russo comments on Maine's marijuana laws and its impact on maritime operators and employees in "Marijuana ban may be keeping some from entering marine industry," published by WorkBoat. Subscription may be required to view article Read More

March 26, 2018
HR Dive

Kathryn Russo Comments on Employers Lacking Qualified Job Candidates Due to Skills Gap

March 26, 2018

Kathryn Russo comments on reports of employers lacking eligible job candidates due to the opioid crisis and relaxed marijuana laws in "Inside the perfect storm of problems that created the nation's skills gap," published by HR Dive. Subscription may be required to view article Read More

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IRS Issues Guidance FAQs Regarding the Paid Family Leave Federal Tax Credit
April 20, 2018

This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees. Read More

FDA Seeks Comments on Potential Marijuana Reclassification Under International Drug Control Treaty
April 19, 2018

The Food and Drug Administration requested comments in a notice published in the Federal Register on April 9, 2018 concerning the “abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use” of five marijuana-related substances: cannabis plant and resin; extracts and ti Read More

Are You Preparing for Washington Paid Family and Medical Leave?
April 18, 2018

By the end of this year, employers with employees in the state of Washington must be ready to comply with last summer’s newly-enacted a paid family and medical leave law. Since the law’s passage, Washington has been busy fine-tuning the program and providing updates. Read More