Learn to determine when an employee's medical leave should shift from FMLA to ADA and how to avoid abuse issues while remaining compliant with state and federal laws.There is a conflicting and confusing patchwork of federal, state and local laws respecting an employer's obligation to provide leaves of absences. In many instances, an employer may be obliged to provide more than the12 weeks of unpaid leave contemplated by the federal Family and Medical Leave Act. Many questions arise including about how much leave must be given, whether it is paid or unpaid and what rights (if any) do employers have to deny or restrict leave. This topic will explore these issues and others.
Why Employees Need Leaves of Absences
FMLA, ADA, Workers' Compensation and State and Local Leave Laws
• Employers Covered
• Employees Covered
• What Leaves of Absence Covered
• Paid vs. Unpaid
• When LOA Can Run Concurrently
Why 12 Weeks Is Sometimes Not Enough
• Interaction Between FMLA and ADA (and State and Local Disability Laws)
• "Indefinite Leaves"
• "Intermittent Leaves"
• Retaliation Claims
FMLA Termination Program/Practices
• Running LOA Concurrently
• The Problem of Non-Discretionary Sick Leave Policies
• "Use It or Lose It"
• Bonus/Incentive Pay Issues
• Docking for Exempt Employees
• Collecting Negative Leave Balances
Keys to Successful FMLA Termination Program/Practices
Aisling M. McAllister, Esq. with Bond, Schoeneck & King PLLC and Gregory B. Reilly, Esq. with Martin Clearwater & Bell LLP
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,SHRM ,Additional credit may be available upon request.