Why You Should Attend
Leaves of absence and workplace accommodations pose complex legal, regulatory, and policy challenges for both employers and employees. Chronic conditions, increases in mental health and substance abuse issues, and post COVID-19 considerations such as evaluating “long-haul” COVID as a disability as well as remote work as a reasonable accommodation, add to the complexity. Meeting the challenges involves a delicate balance of legal, safety, and employee relations considerations and requires an understanding of the substantive and practical considerations involved in achieving legal compliance.
In this program, practitioners from both the plaintiffs’ and defense bars, third party leave management providers, the EEOC and in-house counsel will share legal updates and practical insights on how to manage risk when faced with leave and accommodation challenges. Panelists will provide insights into enforcement and legal trends and share practical approaches to addressing the most thorny issues in these areas using hypothetical but realistic scenarios to illustrate and explore best practices to ensure compliance and avoid legal risk. The program’s goal will be to provide a legal framework from which pragmatic solutions can emerge.
What You Will Learn
After attending this program, the attendees will be able to:
- Analyze EEOC and DOL enforcement trends
- Evaluate common pitfalls and practical approaches relating to administering the FMLA and ADA, together with complex state leave law intersection
- Employ tips for managing mental health and substance abuse issues, including accommodating medical marijuana
- Identify strategies for managing unique process challenges, including intermittent leave/reduced schedule issues and dealing with non-cooperative employees
- Determine when employers are deemed to be “on notice” of an employee’s need for medical leave or a disability accommodation
- Evaluate remote work as a reasonable accommodation in the post-COVID era
- Convenient half-day program format
Who Should Attend
Seasoned in-house employment and labor counsel, outside counsel for employees and employers, and HR professionals who are looking for in-depth analyses of the ADA, FMLA, and compliance-related requirements. Presenters will assume that attendees already possess an understanding of the legal frameworks of both laws.