Search form

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

See All
Showing 1-8 of 131
Advanced Filtering
All A-Z
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
See All
Showing 1-8 of 131

See All Upcoming Events

Oct 25toOct 26

Englewood, CO
Register Now

2018 Fall CHAHRM Conference - Power of the Past, Force of the Future

October 25, 2018 - 8:30 AM to October 26, 2018 - 4:00 PM MST
200 Inverness Drive West - Englewood, CO
Register Now

See All Webinars

Nov 7

Register Now

Navigating the Complexities of the ADA

November 7, 2018 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Register Now

Archived

Watch Now

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.

Watch Now

Archived

Watch Now

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
Watch Now

See AllPublications

Advanced Filtering
Showing 1-3 of 123
Newest
Most Read
September 26, 2018

Retail Industry Workplace Law Update – Fall 2018

September 26, 2018

Supreme Court Preview: 2018-2019 Term The U.S. Supreme Court’s docket for its 2018-2019 Term is full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Read full article … New Model Background Check Summary of Rights Released... Read More

September 25, 2018

New York City ‘Cooperative Dialogue’ Mandate Over Accommodations Requests Starts October 15

September 25, 2018

Employers covered by the New York City Human Rights Law (HRL) must engage in a “cooperative dialogue” with persons who may be entitled to reasonable accommodations under the HRL beginning October 15, 2018. This “cooperative dialogue” requirement is the result of a bill (Int. No. 804-A) passed December 19, 2017, by the New York City... Read More

September 21, 2018

Construction Safety: Opioid Crisis

September 21, 2018

When the White House declared the country in an opioid-addiction crisis back in October 2017, it was not news to the construction industry. Job site hazards and strenuous activity mean that pain disproportionately afflicts construction workers, making them more susceptible to substance abuse, says the Itasca, Illinois-based National... Read More

Showing 1-3 of 123

See AllIn the News

Showing 1-3 of 187
Newest
Most Read
October 1, 2018
Upstate Business Journal

Andreas Satterfield Authors "Is Your Business Compliant with the New South Carolina Pregnancy Accommodations Act?"

October 1, 2018

Andreas Satterfield authors "Is Your Business Compliant with the New South Carolina Pregnancy Accommodations Act?" published by Upstate Business Journal. Subscription may be required to view article Read More

September 13, 2018
HR Dive

Kathryn Russo Comments on Refusal to Hire Medical Marijuana User Violates State Law, Connecticut Court Holds

September 13, 2018

Kathryn Russo comments on Connecticut federal court granting summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment drug test in "Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination, published... Read More

August 26, 2018
Omaha World-Herald

Joseph Lynett Comments on Implications of Omaha Businesses Named in Lawsuits Alleging Discrimination Against People with Disabilities

August 26, 2018

Joseph Lynett comments on implications of various Omaha businesses facing federal lawsuits alleging discrimination under the Americans with Disabilities Act in "Omahans file lawsuits against 87 businesses citing discrimination of people with disabilities," published by the Omaha World-Herald. Subscription may be required to... Read More

Showing 1-3 of 187

See AllBlogs

Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business
October 15, 2018

With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation.  The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Read More

Village of Northbrook Opts Back In to the Cook County Earned Sick Leave Ordinance
October 15, 2018

Are you tired of the Cook County Earned Sick Leave roller coaster, yet? Read More

OSHA Clarifies Its Position On Post-Accident Drug Testing; States That “Most Instances of Workplace Drug Testing Are Permissible”
October 12, 2018

In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain types of drug testing would be considered violations of 29 C.F.R. §1904.35(b)(1)(iv). Read More