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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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See All Webinars

Jan 14

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Tips on Successfully Navigating the ADA Interactive Process

January 14, 2019 - 2:00 PM to 3:00 PM EST
Credits: CLE - *Pending, HRCI - Pending, SHRM - Pending
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Archived

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Navigating the Complexities of the ADA

November 7, 2018 - 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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What You Need to Know to Navigate the FMLA

October 3, 2018 - 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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November 28, 2018

New York City Employers Must Provide Lactation Rooms, Maintain Written Policy Starting March 18, 2019

November 28, 2018

Effective March 18, 2019, New York City employers with at least four workers must provide lactation rooms for employees and maintain a written policy for distribution to employees upon hire. The law was enacted on November 17, 2018, after Mayor Bill de Blasio failed to sign or veto legislation passed by the New York City Council.... Read More

November 12, 2018

Voters in Three States Approve Marijuana Laws on Election Day

November 12, 2018

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law. Michigan: Recreational Marijuana Michigan Proposal 1 was passed by a majority (approximately 55% “Yes” and 45% “No”). Proposal 1, the Michigan... Read More

November 5, 2018

What Employers Should Watch For in Election 2018

November 5, 2018

Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely. Arbitration Congressional Democrats have proposed legislation intended to overturn the U.S. Supreme Court’s 2018 ruling that employers do not violate the National Labor... Read More

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December 17, 2018
The Wall Street Journal

Francis Alvarez Comments on Employees Taking a 'Mental Health Day' and the ADA

December 17, 2018

Francis Alvarez comments the ADA and workplaces allowing time off for employees facing stress, anxiety or depression in "The Benefits (and Risks) of the Mental-Health Day," published by The Wall Street Journal. Subscription may be required to view article Read More

December 4, 2018
SHRM

David Mohl Authors "3 Points to Remember About FMLA During the Holidays"

December 4, 2018

David Mohl authors "3 Points to Remember About FMLA During the Holidays," published by SHRM. Subscription may be required to view article Read More

November 30, 2018
Jackson Lewis

Four Jackson Lewis Attorneys Named Among the Top Latino Lawyers of 2018

November 30, 2018

WHITE PLAINS, NY (November 30, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principal Gregory T. Alvarez, Principal Jason C. Gavejian, Of Counsel Angela Quiles Nevarez and Principal Pedro Jaime Torres-Díaz have been named to the “Top Latino Lawyers 2018” list compiled by... Read More

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What Am I Doing Wrong?? Common FMLA Mistakes.
December 5, 2018

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the nineteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Read More

‘Tis the Season: FMLA and Holidays
November 27, 2018

As we are in the heart of the holiday season, to avoid an unwanted gift from the Department of Labor, employers should ensure that they properly administer FMLA leaves taken during company holidays. Read More

Austin Paid Sick and Safe Leave Law Preempted by Texas Minimum Wage Act, Third Court of Appeals Holds
November 26, 2018

On November 16, 2018, the Austin-based 3rd Court of Appeals declared Austin’s paid sick and safe leave ordinance unconstitutional. Specifically, the court held the ordinance is preempted by the Texas Minimum Wage Act and is, therefore, unconstitutional. The Austin ordinance has been under attack since its inception. 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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