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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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Sep 5

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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: CLE - Pending, HRCI - Pending, SHRM - Pending
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Sep 23

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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: CLE - Pending, HRCI - Pending, SHRM - Pending
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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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August 23, 2019

New York Revises Employment Protections for Domestic Violence Victims, Adds Accommodation Obligations

August 23, 2019

New York has amended its Human Rights Law to expand protection from employment discrimination for victims of domestic violence. Signed by Governor Andrew Cuomo on August 20, 2019, the new law amends the New York State Human Rights Law with respect to victims of domestic violence. It also requires employers to provide reasonable... Read More

August 21, 2019

Oregon Governor Signs Paid Family and Medical Leave Law

August 21, 2019

Oregon’s paid family and medical leave law was signed by Governor Kate Brown on August 9, 2019. Eligible workers will be permitted to take up to 12 weeks of paid leave under the new law beginning January 1, 2023. The bill (HB 2005) was passed by the state legislature at the end of June. When the law goes into effect, Oregon will... Read More

August 2, 2019

Puerto Rico Enacts Leave for Victims of Domestic Violence, Sexual Harassment and Assault

August 2, 2019

Employees in Puerto Rico may take up to 15 days of unpaid leave each calendar year to address situations related to domestic or gender-based violence, child abuse, sexual harassment in employment, sexual assault, lewd acts, or felony stalking under a new law. The new “Special Leave” is in addition to any other leave to which the employee... Read More

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August 7, 2019
SHRM

Kathryn Russo Comments on the Growing Popularity of CBD Use and its Impact on Workplace Drug Testing

August 7, 2019

Kathryn Russo comments on the evolving CBD marketplace and its impact on workplace drug testing in "Cannabis Oil Complicates Drug Testing," published by SHRM. Subscription may be required to view article Read More

July 24, 2019
LegalNews.com

Marlo Johnson Roebuck Comments on Implications of Michigan's New Medical Marijuana Laws

July 24, 2019

Marlo Johnson Roebuck comments on the implications of Michigan's new medical marijuana laws and its impact on workplace drug policies in "Employment Attorneys Clear the Smoke on State's New Marijuana Laws," published by Legalnews.com. Subscription may be required to view article Read More

July 10, 2019
Daily Journal

Gina Roccanova Authors "Drug Policies in the Age of Legal Marijuana"

July 10, 2019

Gina Roccanova authors "Drug Policies in the Age of Legal Marijuana," published by the Daily Journal. Subscription may be required to view article Read More

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Bernalillo County, New Mexico Adopts Paid Leave For “Any Reason” Law
August 23, 2019

The patchwork of paid leave laws around the country is getting increasingly more intricate as local governments adopt mandatory paid time off laws. This week, Bernalillo County, New Mexico added its patch adopting the first paid time off ordinance in New Mexico. Read More

Oregon Governor Signs Paid Family and Medical Leave Law
August 21, 2019

Oregon’s paid family and medical leave law was signed by Governor Kate Brown on August 9, 2019. Eligible workers will be permitted to take up to 12 weeks of paid leave under the new law beginning January 1, 2023. Read More

DOL Opines That Parent’s Attendance at IEP Conference Warrants FMLA Leave
August 20, 2019

In an August 8, 2019 opinion letter, the U.S. Department of Labor’s Wage and Hour Division (WHD) shed some light on what counts as “caring for” a family member under the FMLA. 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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