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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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Oct 24

Cincinnati, OH
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Annual Disability and Leave Management Symposium: Leave it to Us

October 24, 2019 - 8:00 AM to 11:45 AM EST
Schiff Conference and Banquet Center - Cincinnati, OH
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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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 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

October 1, 2019

Retail Industry Workplace Law Update – Fall 2019

October 1, 2019

DOL Issues New Overtime Rule, Sets Minimum Annual Salary at $35,568 The U.S. Department of Labor has issued a new Final Rule updating the minimum salary requirements for the “white collar” overtime exemptions. Read full article … California Supreme Court Rejects Claim for Unpaid Wages under PAGA Putting an end to employees’... Read More

September 26, 2019

An Aging Construction Workforce: Recognition and Response

September 26, 2019

The number of workers aged 55 and over is increasing, while the number of workers under the age of 25 is decreasing, according to the 2018 Current Population Survey. The construction industry may feel this more acutely than other industries, as workers in the construction industry tend to be older than those in other industries, the... Read More

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October 4, 2019
Law 360

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

September 26, 2019
SHRM

Larry R. Seegull, Jill S. Distler and Judah L. Rosenblatt Author "Maryland’s New Employment Laws Take Effect in October"

September 26, 2019

Larry R. Seegull, Jill S. Distler and Judah L. Rosenblatt author "Maryland’s New Employment Laws Take Effect in October," published by SHRM. Subscription may be required to view article Read More

September 16, 2019
Disability Management Employer Coalition

Joanne Braddock Lambert Authors "Navigating Requests for Worksite Service Animals Through the Interactive Process"

September 16, 2019

Joanne Braddock Lambert authors "Navigating Requests for Worksite Service Animals Through the Interactive Process," published by Disability Management Employer Coalition. Subscription may be required to view article  Read More

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See AllBlogs

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. Read More

What Am I Doing Wrong?? Common FMLA Mistakes
October 2, 2019

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration.  This is the 26th blog in 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

FMCSA Clearinghouse Registration Is Now Open; Clearinghouse Goes Live on January 6, 2020
October 1, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on October 1, 2019 that Clearinghouse registration is now open. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. 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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