Absence Management: Understanding The Complex Interplay Between ADA, FMLA And Workers' Comp
|Date / Time:
As you know, a number of laws provide for employee leaves of absence including the ADA, FMLA, and state workers’ comp laws. While these individual laws are confusing enough, things get really complicated when the laws intersect.
Say a leave qualifies under both the ADA and FMLA, what gets applied in what order? Do the leave periods run concurrently or consecutively? What happens when workers’ comp is thrown into the mix, too?
Adding to the confusion for employers, the EEOC published “new” leave guidance last May which means the issue is on the agency’s radar. Now, more than ever, it’s important to make sure you’re handling employee leaves correctly.
Join us with Sara Fowler, who litigates on behalf of employers in both state and federal courts, to get a clear picture of the different laws that affect employee absences, and how to manage FMLA, ADA, and workers’ comp.
About Your Presenter:
- Which laws (ADA, FMLA, and workers’ comp) apply to the employee requesting leave or workplace accommodations, in what order, and where they intersect or diverge
- What the EEOC wants to see in terms of how employers approach absence management
- How to determine which leaves run consecutively, and which run concurrently
- How paid sick leave law applies to management of other leaves of absence, including the significantly broader definitions of “close family member”
- How much leave an employee may request—and when leave as accommodation is considered reasonable
- How and when to designate protected leave, including the importance of documentation
- How to manage leaves that run consecutively or concurrently, including stacking and tracking
- The most common mistakes supervisors make when dealing with leave requests
- How to sidestep leave interference or retaliation liability entirely, and generate the documentation needed to defend against such claims
Sara Fowler, Esq.
Seyfarth Shaw LLP
Sara Fowler is an associate in the Chicago office of Seyfarth Shaw LLP and a member of the firm's Labor & Employment Department. Her practice focuses on the representation of management in a variety of employment law matters. Ms. Fowler devotes a significant portion of her practice to defending employers against age, race, national origin, sex and disability discrimination claims, as well as against claims of sexual harassment and retaliation. Ms. Fowler litigates on behalf of employers in both state and federal courts. She also represents employers before administrative agencies, including the U.S. Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Illinois Human Rights Commission, and the Chicago Commission on Human Relations. Ms. Fowler represents clients in many industries, including technology, industrial, retail, and health care. Ms. Fowler’s experiences also include drafting employee policies and handbooks, and advising clients regarding such policies and practices.
Prior to joining the firm, Ms. Fowler worked in the employment and commercial litigation departments at another law firm in Chicago. Ms. Fowler has also served as a judicial extern for the Honorable Morton Denlow, Magistrate Judge of the Northern District of Illinois, as well as the City of Chicago's Employment Litigation department.
Ms. Fowler’s work on behalf of her clients has been recognized by Illinois Super Lawyers, which has named her an Illinois Rising Star (2011-2016).
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All US States: 1.5
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|Keywords For This Course:|
ADA, FMLA and Workers' Comp, Absence, absence management, employees, leave, medical leave, family leave, FMLA, ADA, Workers’ Comp, accommodation, EEOC
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