There are many laws and rules that govern what happens when an employee takes a leave, or seems to be in need of taking such a leave. The federal Family & Medical Leave Act of 1993 (FMLA) is the "bible" for any employer when considering its obligations and an employee's rights in leave scenarios, but other statutes must also be considered. What happens when an on-the-job injury is involved? What happens when the leave is triggered by a disability unrelated to the workplace (e.g. heart attack)?
In the maze of laws that covers leaves of absence, there is a vortex, a Bermuda Triangle, so to speak, where family leave, disability and workers compensation leave issues intersect, or collide, and cause potential problems for an employer. Though each one belongs to different elements and standards, they tend to overlap in many situations. In such cases, the employer should know how to respond.
Employees may be entitled to leave or a continuation of a leave as a reasonable accommodation under the Americans with Disabilities Act. There is an interface/interplay between the ADA and these various leave statutes that employers must also contemplate when considering an employee leave situation. There may also be contractual or quasi-contractual leave entitlements for employees, as may be set forth in an Employee Handbook.
State laws also need to be considered. These laws may provide for greater rights for employees and as per the general rule – the rule which is stricter for the employer is the one that should be complied with.
In this session by expert speaker Mark Tabakman, you will learn the basic principles informing and applying to leave scenarios under these various laws and their interconnections to each other. You will know when an employer must give a leave, when it has the discretion to properly deny a leave or its continuation, and how employers can be found to have violated these laws, unintentionally, exposing themselves to considerable financial liability and damages.
Maybe an employer does not need to know all the legal nuances involved in these matters, but the webinar will teach the "art" of recognizing when such issues (and possible exposures) may be present and how they can be rectified before real trouble arises. The session will also analyze various problem areas and suggest protocols and policies that are proactive, so that these issues are addressed.
You will be a provided with a presentation, a virtual 'law book' albeit written in understandable English, which will help HR professionals and employers with a basic understanding of what are the various flashpoint issues and when they may turn out to be presenting problems.
Who Should Attend
Mark is a labor and employment lawyer at Fox Rothschild, LLP who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions... More info