In recent years, the EEOC has made it clear that “automatic termination” procedures and inflexible leave policies will be closely scrutinized, and with growing regularity, the EEOC has filed suit against employers to invalidate these inflexible leave policies. For employees and employers alike, the ADA’s obligations with respect to leave as a reasonable accommodation can be confusing.

In this webinar, Franczek Radelet parnter Jeff Nowak and EEOC Regional Attorney John Hendrickson address key questions and topics essential to understanding an employer’s obligation to provide leave as a reasonable accommodation under the ADA, such as:

  • When must an employer consider leave as a reasonable accommodation?
  • What are an employer’s obligations to an employee when FMLA leave expires?
  • What must an employer do to come into compliance with the EEOC’s position on “automatic termination” provisions?
  • What is the takeaway from the EEOC’s litigation involving automatic termination provisions (e.g., EEOC v. Sears; EEOC v. Supervalu, etc.)?
  • When is a leave of absence not considered “reasonable” or an undue hardship?
  • How should employers and employee best communicate about the need for leave?

Listen to webinar here.

Presentation materials here.

When: Wednesday, August 31, 2011 (12:00 – 1:15 p.m. CDT)

On-line registration: Click here

On Wednesday, August 31, I will host a complimentary webinar addressing key questions and topics essential to understanding an employer’s obligation to provide leave as a reasonable accommodation under the ADA.  I am extremely pleased to be joined by EEOC Regional Attorney John Hendrickson, who has led the EEOC’s litigation regarding “leave” as a reasonable accommodation. 

This webinar comes at a critical time for employers. One of the most frequent inquiries I receive from clients involves the extent to which they must provide a leave of absence to an employee with a medical condition or disability — whether before or after the employee’s FMLA leave has expired.  Employers now are even more anxious about this issue in light of the EEOC’s aggressive position that “automatic termination” provisions are invalid.  As a result, employers are left confused as to their obligations under the law.

John and I will hit these issues head on with the hope that employers leave with a better understanding of their obligations in this area of the law.  We will cover questions such as:

  • When must an employer consider leave as a reasonable accommodation?
  • What are an employer’s obligations to an employee when FMLA leave expires?
  • What must an employer do to come into compliance with the EEOC’s position on “automatic termination” provisions?
  • What is the takeaway from the EEOC’s litigation involving automatic termination provisions (e.g., EEOC v. Sears; EEOC v. Supervalu, etc.)?
  • When is a leave of absence not considered “reasonable” or an undue hardship?
  • How should employers and employee best communicate about the need for leave?

Feel free to email me questions in advance at jsn@franczek.com

Register for the webinar here.

On March 24, 2011, the Equal Employment Opportunity Commission (EEOC) released the much-anticipated final regulations implementing the ADA Amendments Act of 2008, which expanded ADA employment protections in the workplace.  The regulations are effective on May 24, 2011.  Franczek Radelet is pleased to provide a complimentary webinar that will explain what the regulations mean for employers and offer strategies for avoiding and defending against potential disability discrimination claims.

Given the ADA’s new statutory framework and new regulations that stretch the statute even further, employers should be prepared more than ever to respond to accommodation requests, make accommodations where necessary, and manage employees with medical conditions.

In this webinar, I will:

  • Provide a plain-English explanation of the new ADA regulations
  • Highlight the EEOC’s decision to specifically include in the regulations those medical conditions that will “virtually always” constitute impairments covered by the ADA
  • Guide employers on how to deal with episodic or short-term impairments, and conditions in remission
  • Cover what is required during the “interactive process” and what is “reasonable” when considering an accommodation for an employee
  • Address how the “regarded as” disabled prong makes it easier for employees to establish ADA coverage
  • What the EEOC says about an individual’s use of mitigating measures (such as medication, medical equipment, and prosthetic devices) as part of the disability analysis
  • Advise how employers should adapt their policies and reasonable accommodation processes so as to minimize liability

Listen to webinar here.

In this webinar, Franczek Radelet partner and SHRP member Jeff Nowak and SHRP member Teri Hock identify the issues and address the questions surrounding the Family and Medical Leave Act (FMLA), including:

  • Identifying and understanding the most common forms of FMLA abuse
  • Utilizing the changes in the FMLA regulations to help fight FMLA abuse
  • Documenting FMLA effectively to curb FMLA abuse
  • Handling intermittent FMLA leave—a main culprit of FMLA abuse
  • Managing FMLA abuse situations and conducting appropriate investigations into potential abuse
  • Implementing must-have personnel policies to prevent FMLA abuse
  • Given the complexities of the FMLA, employers often fall prey to dishonest employees who take advantage of their FMLA rights by seeking intermittent leave to avoid discipline for poor attendance or by requesting leave for reasons not covered by the FMLA.

Listen to webinar here.

In this webinar, we identify the changes and offer practical guidance about the final regulations issued by the U.S. Department of Labor that interpret the Family and Medical Leave Act, including:

  • Changes to the definition of serious health condition and its effect on designating FMLA leave;
  • Changes to employer and employee notice requirements;
  • Effect of FMLA leave on bonus payments and light-duty assignments;
  • Revised medical certification forms and processes;
  • Changes to authentication procedures for medical certifications;
  • New military family leave provisions, including rules defining when leave is permitted to care for an injured or ill servicemember, and what constitutes “exigency leave”;
  • How all of these new regulations will impact your company or organization.

On November 17, 2008, the U.S. Department of Labor published its long-awaited final regulations interpreting the Family and Medical Leave Act.  The new rules are effective beginning January 16, 2009.  The first substantial changes to the regulations since the FMLA became law 15 years ago, the new rules will require employers to significantly change the way they administer FMLA leave.

Listen to webinar here.