Return-to-Work Compliance When Jobs Are Gone

Webinar: ID# 1022808
Recorded CD
About This Course:
Employers often face concerns when deciding whether and how to return employees to work after a leave of absence. Specifically, it's important to determine legal obligations to these employees, including their rights to leave, rights to light duty positions, and rights to benefits when they return.

This webinar helps employers recognize potential legal problems in returning (or not returning) an employee to the work place, as well as how to avoid potential pitfalls.

The course explains some of the key statutes regarding leave and return-to-work, including workers' compensation laws, the Family and Medical Leave Act, the Americans with Disabilities Act, and Uniformed Services Employment and Reemployment Rights Act of 1994. We will discuss recommendations for best practices for employee return-to-work under these laws.


Overview – Dealing With the Changes
  • Has Your Organization Downsized or Restructured Over the Last Year or so?
  • How Do You Handle Returning Employees to Work When the Workplace Has Changed?
  • Do You Even Have a Position Available for Those Employees?
Work-Related Injuries
  • Workers' Compensation Leaves of Absence
  • Reinstatement Requirements
  • Light Duty and Modified Job Duties
  • Workers' Compensation Retaliation Claims
FMLA and Other Medical Leaves of Absence
  • Reinstatement Requirements
  • Fitness for Duty Certifications
  • Same or Equivalent Position
  • Using a Reduction in Force to Deny Reinstatement
Military Leaves of Absences
  • Reemployment Rights
  • Undue Hardship or Impossibility
  • Seniority and Benefits Issues
  • The "Escalator Principle"
About The Presenters

Joshua Bortnick
  • Of counsel in the St. Louis office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Practice emphasizes all aspects of labor and employment law
  • Conducts regular seminars and workshops on numerous employment issues, including handbook policies, ADA and the FMLA, drug testing, and reductions in force
  • Super Lawyers, Rising Star (2014 to present)
  • J.D. degree, magna cum laude, University of Illinois-Champaign; B.S.B.A. degree, Washington University
Julia Drafahl
  • Associate in the St. Louis office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Practice emphasizes all aspects of employment law
  • Editor, Missouri Bar Labor & Employment Committee Newsletter, Bar Association of Metropolitan St. Louis, Human Resources Management Association of Greater St. Louis
  • J.D. degree, cum laude, University of Michigan; M.A. degree, Washington University; B.A. degree, Macalester College
Return-to-Work Compliance When Jobs Are Gone
Available on CD format
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