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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, July 28, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will advise employment counsel on how to handle the intersection of mental health issues and ADA and FMLA compliance. The panel will discuss what options employers and employees should consider when an ADA accommodation or FMLA is made, when leave can be considered an accommodation, evaluating an employee's disability versus a general fear when returning to the office, and best practices for making these evaluations.

Faculty

Mark S. Goldstein
Partner
Reed Smith

Mr. Goldstein counsels clients on a variety of workplace issues, including policy development and compliance, risk assessment and litigation avoidance, wage and hour compliance, conducting and overseeing internal investigations, hiring, discipline and discharge decisions, enforcement of covenants not to compete, drafting employment and separation agreements, and a wide variety of other employment issues. In addition, Mr. Goldstein has an active litigation practice defending employers in a wide range of matters in both state and federal court.

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Tal Burnovski Yeyni
Attorney
Lewitt Hackman

Ms. Yeyni exclusively represents employers and focuses her practice on reducing the risk of employee claims. This includes classification of exempt/non-exempt employees, discrimination, harassment, employee handbooks, employee termination, employer compliance (under California and federal law), offer letters and separation agreements, and policy preparation. Ms. Yeyni previously practiced in labor and employment litigation and negotiation in one of Israel’s leading labor and employment law firms.

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Jeffrey S. Kopp
Partner
Foley & Lardner LLP

Mr. Kopp focuses on labor and employment and commercial litigation, and a variety of emergency and other injunctive relief proceedings. He is an experienced advocate, handling a wide variety of civil litigation matters in federal and state courts in Michigan, Ohio, Indiana, Tennessee, Missouri, Kentucky, and other jurisdictions and matters before state and federal agencies. Mr. Kopp has successfully defended clients before the Sixth Circuit and the Michigan Court of Appeals. He also arbitrates traditional labor grievances. Mr. Kopp also represents lenders in commercial foreclosure cases in Michigan and has successfully obtained receivers and completed UCC Article 9 and real estate foreclosures.

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Description

Employers are taking note of the rise in mental health issues among employees. Recent surveys of 409 employers in August 2020 found that 85 percent of employers were somewhat or very concerned about their employees' mental health. Only seven percent reported that they were not very or not at all concerned about mental health and wellness issues. Among the employers surveyed, 67 percent anticipate that employees will increase using mental health or wellness benefits in the coming months. Mental health disabilities are broadly defined under the DSM-5 and even more broadly in some jurisdictions' statutory definitions.

Employment counsel must prepare clients for responding to ADA accommodation requests and FMLA leave of absence requests. Counsel should assist clients in designing and implementing policies and procedures that balance workplace concerns with the rights of employees addressing mental health issues. Counsel should consider when leave may be requested (and granted) as an accommodation, when remote work is an appropriate accommodation, and how to distinguish generalized fear of returning to the workplace after working from home from a defined disability.

Counsel should also assist employers with ADA and FMLA compliance by taking bold action on mental health benefits via a multi-prong approach. Employers have to understand their employees' emotional well-being and design employee assistance programs to address those needs, including stress, domestic relationships, anxiety, depression, and financial issues. Employment counsel must work with clients to ensure that its company culture focuses on promoting the health and safety of employees and fostering a work environment that is diverse and inclusive.

Listen as our authoritative panel discusses the state of employee mental health in 2021, the compliance requirements for ADA and FMLA, how to address leave requests and accommodations, and the implementation of an employee assistance program that focuses on mental health in conjunction with corporate culture.

Outline

  1. Mental health
    • DSM-5 defined disability
  2. ADA accommodations
    • Leave as accommodation
  3. FMLA
    • Leave requests
    • Disability vs. fear
  4. Employee assistance program

Benefits

The panel will review these and other relevant issues:

  • What are the most recent issues related to mental health that most employers are facing?
  • How can employers comply with ADA accommodations related to mental health when leave is requested?
  • What type of FMLA compliance is necessary for mental health issues?
  • How can an employer institute an employee assistance program to address mental health issues?