Employee leave, disability and other health issues challenge employers who must honor employees' rights and still maintain productivity. Depending on size and other criteria, employers may be subject to the federal Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Uniformed Services Employment and Re-Employment Rights Act (USERRA), state leave laws, state disability discrimination laws, and state workers' compensation laws. In addition, many employers provide sick leave, paid time off or other leave programs. Coverage under these laws and policies often overlaps, and requirements may conflict. We assist employers in managing all leave and disability compliance obligations.
FMLA requirements are complex in application and often difficult to harmonize with other employer leave policies. A well-written FMLA policy is just the beginning of compliance. Human resource professionals must understand the nuances of FMLA administration, and front-line supervisors must know how to respond to leave requests. We can provide:
- Consulting on day-to-day compliance issues
- Support and assistance with outsourcing leave program administration
- Policies and forms to facilitate compliance and maximize employer flexibility
- Training that focuses on legal and practical compliance
- Defense of agency actions and litigation involving FMLA and state law claims
ADA & Other Disability Issues
Amendments to the ADA have greatly expanded the number of applicants and employees who may be entitled to some form of employment accommodation for a medical condition. We assist employers in:
- Developing and implementing an effective process for responding to accommodation requests
- Training human resources professionals on how to respond to requests or obvious needs for accommodation
- Advising on day-to-day compliance issues
- Helping clients through the "interactive process"
- Defense against agency charges and litigation asserting claims of disability-related discrimination, harassment or retaliation, or failure to accommodate a disability
USERRA & Other Military Service-Related Leave Issues
Along with USERRA's protections of employees and applicants who serve in the armed forces, many states have laws that protect and provide leave to service members and employees with family service members. We can help ensure compliance with all legal requirements related to military service.