To understand the basics of individual leave laws such as the Family and Medical Leave Act, the Americans with Disabilities Amendments Act, the Genetic Information Nondiscrimination Act, workers’ compensation and other laws that impact your obligations to employees needing leave. To understand when an employee is entitled to leave and what rights and protections they have while on leave. Working through the maze of how these laws interact and ensuring compliance with each as you manage your employee leaves of absence.
- Employers and Business owners
- Human Resources Specialists and managers
- Benefits specialists
Family and Medical Leave Act Basics
- Covered Employers and Employees
- Employee Leave Entitlements
- What is a “serious health condition”
- Your right to obtain medical certifications
- Difference between Interference and Retaliation Claims
- Employee’s Rights to Continued Health Insurance
Americans with Disabilities Amendments Act Basics
- Who are the disabled?
- What is a physical or mental impairment?
- What are major life activities?
- What do we mean by substantial limitation?
- Impact of mitigating measures
- Leave of Absence as a Reasonable Accommodation
- EstablishingUndue Hardship
- Requests for IndefiniteLeaves of Absences
- Telecommuting andReasonable Accommodation Requests
Workers’ Compensation Basics
- Meaning of“course and scope” of employment
- Employee wagereplacement rights
- Retaliationclaims under workers’ compensation laws
Genetic Information Nondiscrimination Act and HealthInsurance Portability Act Basics
- Covered employers
- What do we mean by “genetic information”?
- GINA prohibitions
- Meaning of “inadvertent” disclosures under GINA
Other laws such as the Pregnancy Discrimination Act
- Legal obligations under the PDA
- What do we mean by discrimination due to “pregnancy andrelated medical conditions”
- Using the disparate treatment theory to support a PDAclaim
- Using the disparate impact theory to support a PDA claim
- Young v. UPS: Where are we now?
Untangling the Web
- Difference between Serious Health Condition andDisability
- Why you must always consider FMLA and ADA when anemployee has a workers’ compensation lost time injury
- Lifting restrictions and the ADA
- Running paid leave concurrently with FMLA legally
- When can pregnancy complications be considered adisability under the ADA?
- Avoiding GINA and HIPAA problems when getting medicalinformation you need to determine employee leave eligibility
- When can you terminate an employee for failure to returnfrom leave?
- When is COBRA triggered in the leave process?
Susan Fahey Desmond,
Susan, is a partner in the New Orleans office of Jackson Lewis, a national labor and employment law firm with offices in 48 cities across the country. She has been representing management in all areas of labor and employment law for over 25 years. She is listed in Best Lawyers in America for labor and employment law and has been named by U.S. Chambers as one of America’s leading business lawyers.
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