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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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Jun 28

Register Now

Paid Sick and Safe Leave: Are You Still Compliant with Seattle Changing its Rules Again?

June 28, 2018 - 11:30 AM to 12:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Jun 28

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Inside the Amendments to New York City’s Fair Workweek Law and Earned Sick Leave Law: Deciphering Employers’ Obligation to Accommodate Employees’ Requests for Temporary Schedule Changes

June 28, 2018 - 1:00 PM to 1:30 PM EST
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Archived

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How The Tax Reform Bill Impacts Employers

May 10, 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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June 18, 2018

Opioid Crisis Disproportionately Affects Construction Industry: Three Policies to Minimize Associated Risks

June 18, 2018

In October 2017, the White House declared the opioid addiction epidemic to be a “public health crisis.” Not surprisingly, according to an October 2017 article by Construction Dive, this crisis disproportionately affects the construction industry more than any other sector. With an aging workforce in a physically demanding industry,... Read More

June 7, 2018

Vermont Adds Crime Victims to Its List of Protected Classes with New Law

June 7, 2018

The categories of individuals protected under Vermont’s anti-discrimination statute (21 V.S.A. §495) has been expanded to include crime victims. H.B. 711, signed by Governor Phil Scott on May 28, 2018, adds crime victims to the list of protected classes in the state’s Fair Employment Practices Act, making retaliation and... Read More

June 5, 2018

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use

June 5, 2018

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. The new law, which took effect on May 2, 2018, replaced one that had been the subject of controversy, particularly with regard to certain... Read More

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June 1, 2018
Occupational Health & Safety Magazine

Kathryn Russo Authors "Top Ten Mistakes Employers Make When Conducting Workplace Drug and Alcohol Testing"

June 1, 2018

Kathryn Russo authors "Top Ten Mistakes Employers Make When Conducting Workplace Drug and Alcohol Testing," published by DATIA Focus Magazine. Subscription may be required to view article Read More

May 31, 2018
Bloomberg BNA

Francis Alvarez Discusses the 'Motherhood Penalty' and Gender-Neutral Leave Benefits

May 31, 2018

Francis Alvarez discusses the impact of the “motherhood penalty” and equal policies for parents in the workplace in "Tackling the ‘Motherhood Penalty’? Start With Benefits," published by Bloomberg BNA. Subscription may be required to view article Read More

May 17, 2018
Lorman Education Services

Joseph Lynett and John Snyder Author "House Bill Would Limit Drive-by Lawsuits by Amending Title III of Americans with Disabilities Act"

May 17, 2018

Joseph Lynett and John Snyder author "House Bill Would Limit Drive-by Lawsuits by Amending Title III of Americans with Disabilities Act," published by Lorman Education Services. Subscription may be required to view article Read More

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See AllBlogs

Medical Progress Needs to Be Assessed in Determining Whether an Individual Is Qualified.
June 14, 2018

A recently filed federal court case should serve as a reminder to employers that medical advances often make the impossible possible and, as a result, can make the unqualified qualified under ADA. Read More

District Courts in the Seventh Circuit Begin to Clarify Landmark Severson Decision
June 7, 2018

As we have previously reported, on September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling for employers in Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. Read More

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use
June 5, 2018

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. Read More