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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Friday, September 13, 2024

  • 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.

$197.00
CLE
ALL

This CLE webinar will guide practitioners through the "Bermuda Triangle" of leave laws--workers' compensation, FMLA, and ADA--discussing the leave requirements under each and how they overlap. The panel will address how to help clients navigate what may be conflicting requirements when employees become injured on the job and require leave.

Faculty

Laura M. Fant
Special Employment Law Counsel
Proskauer Rose LLP

Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act, the Family and Medical Leave Act and related state and local laws. She also provides general employment counseling and has experience reviewing and updating employee handbooks and company policies, as well as providing training on topics such as discrimination and harassment in the workplace, social media, and the accommodation of physical and mental disabilities. Ms. Fant is a frequent contributor to Proskauer’s Law and the Workplace blog.

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David L. Zwisler
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive audits of employment policies and practices, including drafting and editing employee handbooks, executive contracts, and severance, noncompetition, non-solicitation, confidentiality and trade secret agreements. He also oversees and conducts wage and hour compliance audits and provides counsel on FLSA compliance.

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Vincent Jackson
Attorney
Kollman & Saucier, PA

Mr. Jackson represents clients in a broad array of commercial and employment-related matters. Prior to joining Kollman & Saucier, Mr. Jackson worked at another Baltimore law firm, where he litigated a variety of commercial, construction, and criminal cases. He also served as a prosecutor in the Office of the State’s Attorney for Baltimore City, where he chaired 18 jury trials and over 50 bench trials.

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Description

Commonly referred to as the "Bermuda Triangle" of leave laws, the overlap between workers' compensation, FMLA, and ADA can result in confusion for employers and pose a significant risk of discrimination/retaliation claims given the difficulty of navigating each law's requirements related to an employee's leave rights when injured on the job. Many employers mistakenly rely on workers' compensation alone to dictate whether and for how long an employee may take leave and are unaware that they may be subject to FMLA and ADA requirements as well.

Counsel must be able to lead their clients through the laws' leave requirements so that they understand where the laws overlap to ensure compliance and avoid discrimination/retaliation claims. Counsel must also understand where the laws may conflict with each other and how to best advise their clients so as to mitigate the risk of enforcement action.

Listen as our expert panel provides an overview of workers' comp, FMLA, and ADA leave frameworks and when employers are required to provide leave to eligible employees who have been injured in the workplace. The panel will discuss the interaction between the laws and address how to advise clients when the laws' requirements conflict.

Outline

  1. Introduction
  2. Legal framework (covered employers, eligible employees, leave entitlement)
    • Workers' comp
    • FMLA
    • ADA
  3. Where the laws overlap
    • Triggering events
    • Documentation requirements
    • Workplace injury as disability and/or serious health condition
    • Notice requirements
    • Leave vs. light duty or other accommodation
    • Possible conflicts
  4. Case studies
  5. State/local leave law considerations
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • Under what circumstances should counsel and their clients examine leave requirements under workers' comp, FMLA, and ADA?
  • When may an employee be entitled to leave under workers' comp? FMLA? ADA?
  • When may an employee's work-related injury be considered a serious health condition? A disability?
  • In what significant areas do the laws overlap?
  • When may the laws have conflicting requirements, and how can counsel best guide their clients to minimize the risk of enforcement action?
  • What state/local leave considerations should counsel be aware of?