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Terminating Employees On Protected Leave

Webinar: ID# 1030963
Recorded CD or On-Demand
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About This Course:
Disciplining or terminating an employee for performance reasons is difficult under the best of circumstances. Disciplining or terminating an employee who is on job-protected leave adds layers of complexity and can expose an employer to costly claims and lawsuits for retaliation and/or interference.

The FMLA and ADA protect employees who need to take time off from work because of medical, disability, or family issues. These laws intersect and overlap, and in some cases, an employee may be protected under both of these federal laws, as well as under state laws.

Our experienced panel of employment attorneys will discuss how leave under the FMLA and ADA intersect and will outline best practices for handling performance issues with employees taking leave and avoiding retaliation and/or interference claims when it becomes necessary to terminate such employees for performance-related reasons.

Agenda

Brief Overview of Federal Laws Providing Leave Rights
  • Americans With Disabilities Act
  • Family and Medical Leave Act
Employee Protections Under the ADA
  • What Is Covered?
  • Who Is Covered?
  • What Is a Reasonable Accommodation?
  • The Interactive Process
Employee Protections Under the FMLA
  • FMLA Basic Rights
  • Reasons for Leave
  • Notice of Need for Leave
Thorny Issues for Employers Under the ADA and FMLA
  • Timing Issues and Performance
  • Documentation
  • Avoiding Retaliation Claims in Disciplining and/or Terminating Employees
About The Presenters

Louisa Johnson
  • Partner in the Atlanta office of Seyfarth Shaw
  • Practice focuses on defending litigation and agency investigations as well as counseling and advising employers across a wide array of industries with respect to wage-hour, leave, and discrimination laws
  • Conducts regular seminars and workshops on numerous issues concerning leave laws and wage-hour laws
  • Written a number of articles on wage-hour and leave law issues
  • Member of the ABA and Georgia Bar, L&E Section
  • Listed as Up & Coming in Labor & Employment by Chambers USA and as a Rising Star by Georgia Super Lawyers
  • J.D. degree, University of Virginia; B.A. degree, with honors, University of Virginia
Salomon Laguerre
  • Associate in the Atlanta office of Seyfarth Shaw
  • Represents and counsels employers on a wide range of employment related issues, including discrimination, leave, wage and hour, and restrictive covenants
  • Conducts regular seminars on issues concerning employee leave under the FMLA and the ADA
  • Written several articles on discrimination and leave issues
  • J.D. degree, magna cum laude, Florida State University; B.A. degree, cum laude, University of South Florida
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Terminating Employees On Protected Leave
Available on CD or On-Demand formats
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