Medical And Disability-Related Leave: How To Legally Navigate This ADA Accomodation Tripwire
|Date / Time:
Your employee, Jim, has been out for 20 weeks, using a patchwork of FMLA leave plus other accrued leave. Jim has now informed you that he needs an additional 30 days of leave. In this situation, it’s okay to terminate Jim, right?
Not so fast!
The EEOC recently released a technical assistance resource to help guide employers on the details of leave as a reasonable accommodation under the ADA.
Even after an employee’s leave bank is totally depleted—and even if FMLA leave never came into play at all—you may still be required to grant additional time off.
This situation, of course, creates various headaches for HR. When is leave considered a reasonable accommodation? How do you plan when you’re not sure when (or whether) an employee is coming back? What should you do if you think an employee is gaming the system?
For answers to all of these questions and more, join us for our in-depth webinar. Todd Alan Ewan, an experienced employment law attorney and partner at Fisher Phillips, will untangle the legal web for you regarding your ADA accommodation requirements.
About Your Presenters:
- When leave must be considered a reasonable accommodation under federal law
- What to look for in a medical certificate, and how often this information can be requested
- When to reassign an employee to another position as an ADA accommodation
- Whether it is illegal to have a maximum period of leave for an individual on ADA leave
- How to interpret when an accommodation presents undue hardship on an employer
- How to structure paid ADA leave in a legally compliant way
- When to allow unpaid leave as an extension to the accommodation
- How to analyze requests for leave through the lens of both FMLA and ADA
- When it is legal to ask for even more medial information for extensions to ADA-related leave
Todd Alan Ewan, Esq.
Fisher Phillips, LLP
Todd Ewan practice focuses on defending employment related claims in federal, state, and administrative venues, as well as advising clients on statutory compliance issues. He is routinely involved in cases in which discrimination based on race, gender, age, disability, national origin, and/or religion have been alleged, as well as cases in which former employees have claimed sexual harassment, breach of employment contract, defamation, and wrongful termination. Additionally, Mr. Ewan provides training and guidance to employers with respect to complying with employment statutes including the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII, the Family and Medical Leave Act, and the Fair Labor Standards Act. Clients also ask him to prepare employee handbooks, personnel policies and procedures, employee contracts and separation agreements, and to provide seminars to employees regarding statutes and/or policies with which they need to be familiar. He frequently speaks about topics related to labor and employment laws. He was recognized in Pennsylvania Super Lawyers – Rising Stars in 2006 and 2007.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certication Credits|
All US States: 1.5
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|Keywords For This Course:|
ADA, FMLA, EEOC, Accommodations, Medical condition, Doctor's certificates, HR, Employers
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