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ADA, FMLA, And Workers’ Compensation Summit: Mastering HR's Intersecting Leave Law Obligations

Webinar: ID# 1026355
Recorded On-Demand
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About This Course:
United Parcel Service, Inc. (UPS) has agreed to pay $2 million to 90 current and former employees who allegedly were discriminated against on the basis of disability. The EEOC had filed a class action lawsuit in 2009 alleging that UPS automatically “fired disabled workers when they reached 12 months of leave, without engaging in the interactive process required by law,” according to an EEOC press release.

The case underscores the importance of ensuring that the steps you’re taking to ensure that disabled workers are provided reasonable accommodations, which may include additional leave time, will pass legal muster.

That’s often easier said than done because addressing an employee’s rights at the intersection of the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state workers’ compensation laws can be quite complex.

Which laws apply, and in what order? When does leave run consecutively, and when does it run concurrently? Can a single condition or injury span across two or even all three of these protective (and complex) laws?

Join us for an intensive, one-day learning event on how intersecting ADA, FMLA, and workers’ comp regulations affect your policies and procedures, and what you MUST do to ensure you’re in compliance:
  • Why inflexible leave policies may violate the ADAAA
  • How to distinguish between a serious health condition and a disability that might require leave
  • Current definitions for parent, child, and spouse under the FMLA
  • How to handle requests for extensions of leave after FMLA leave expires
  • The differences between “FMLA-land” and “ADA-territory” and how understanding that can help you handle leave requests
About Your Presenters:

Susan G. Fentin, Esq.
Partner
Skoler, Abbott & Presser, P.C.

Susan G. Fentin, an attorney with the labor and employment firm of Skoler, Abbott & Presser, P.C., has represented exclusively management interests for more than 20 years. She is experienced in teaching master classes on both the FMLA and ADA. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws, and representing employers before state and federal agencies and in court.

John S. Gannon, Esq.
Associate
Skoler, Abbott & Presser, P.C.

Attorney John S. Gannon is an associate in the Springfield, Massachusetts office of Skoler, Abbott & Presser, P.C. He defends employers against discrimination, retaliation, harassment, wrongful termination, and related claims. In addition, he conducts comprehensive workforce wage and hour audits and reviews workplace policies for compliance with state and federal employment laws. He is a regular contributor to business publications and the Massachusetts Employment Law Letter, and a frequent speaker on employment-related legal topics, such as wage and hour compliance, personnel policies and practices, and employment litigation.

Kimberly A. Klimczuk, Esq.
Partner
Skoler, Abbott & Presser, P.C.

Attorney Kimberly A. Klimczuk has been a partner at Skoler, Abbott, & Presser, P.C. since 2011. She has successfully defended clients in state and federal court and before administrative agencies in a variety of areas of employment law, including wage/hour law, discrimination, harassment, wrongful discharge, and breach of contract. In addition, Ms. Klimczuk has assisted employers in compliance matters involving the Office of Federal Contract Compliance Programs, and drafted numerous affirmative action plans for them. She is a frequent speaker for a wide variety of associations and organizations and is an active member of the Western Massachusetts community.

Erica E. Flores, Esq.
Associate
Skoler, Abbott & Presser, P.C.

Attorney Erica E. Flores joined Skoler, Abbott, & Presser, P.C. in 2013. She has successfully defended employers in single-plaintiff and class action discrimination, harassment, and retaliation litigation, wage and hour litigation, whistleblower and contract litigation, and employee benefits litigation before state and federal courts and administrative agencies. In addition to her litigation practice, Ms. Flores regularly advises clients with respect to legal compliance issues, policy decisions, litigation avoidance strategies and day-to-day employment decisions.
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ADA, FMLA, And Workers’ Compensation Summit: Mastering HR's Intersecting Leave Law Obligations
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