FMLA and ADA Obligations: What You Need to Know and Do
The employment industry nowadays encounters different situations which drive employers to revisit and remodel their rules and regulations in order to properly address issues and concerns of their employees. An example of that situation is when an employee with a medical condition, or a close family member with a medical condition, requests leave and other job adjustments and modifications. Requests such as these are often covered by two distinct and separate federal labor laws: the Family and Medical Leave Act (FMLA) and the American with Disabilities Act (ADA).
The FMLA is a federal law applicable to all public agencies and private employers with 50 or more employees. It is a leave provision in which the employees are provided both job-protected leave and benefits continuation rights. The ADA, however, is a federal law that prohibits employers from discriminating against employees with disabilities. Employers are also required to provide employees with disabilities with a reasonable workplace accommodation for them to perform the essential duties of a job.
While the ADA and FMLA may have some areas of overlap, employers should still exercise caution in determining their employees’ statutory rights under each law to avoid future risks.
In a two-hour LIVE Webcast, a panel of thought leaders, professionals and regulators gathered by The Knowledge Group will help the audience understand the fundamentals as well as recent regulatory developments in FMLA and ADA Obligations. The panel will present their expert thoughts and opinions with regards to the best practices to avoid possible risks and future FMLA and ADA claims.
- FMLA and ADA – A Legal Perspective
- Statutory Obligations in FMLA and ADA
- Comparison of FMLA and ADA
- Scope and Limitations of FMLA and ADA
- Leave Provisions in FMLA and ADA
- Recent FMLA and ADA Claims
- Legal Challenges and Remedies
- Best Compliance and Risk Mitigation Practices
Sima Ali , Esq., Owner and Principal Attorney
Ali Law Group PC
- Family Medical Leave Act
- Americans with Disabilities Act, ADAAA
- Employer Responsibilities
- Hypothetical Example
Carlton Hilson, Attorney
Burr & Forman LLP
- Employment-related testing.
- Intermittent FMLA leave abuse.
Peter L. Contini, Partner
L'Abbate, Balkan, Colavita & Contini, L.L.P.
- What is “reasonable” accommodation
- Modified or Part – time schedule
- Intermittent leave
- Interactive process
- How to avoid abuses of both FMLA and ADA
Mary E. O'Neal, Partner
Conn Kavanaugh Rosenthal Peisch & Ford, LLP
- Terminating an Employee While He or She is on a Medical Leave of Absence Under the FMLA or ADA
- Interplay of the FMLA with the ADA and Other Leave Laws and Benefit
- Associational Discrimination/Retaliation under the FMLA and the ADA
Beth Robinson, Attorney
Fortis Law Partners LLC
- Recent case law interpreting the privisions of the FMLA
- Differences in how the circuits view FMLA interference and retaliation.
- Best practices for employers when crafting FMLA policies
- Important policy goals for FMLA policy
Who Should Attend:
- FMLA and ADA Lawyers
- Labor and Employment Counsel
- HR Personnel
- Absence and Disability Management
- Workers’ Compensation Specialists
- Private and Public Companies
- Multinational Companies
- Other Interested/Related Professionals
Mr. Contini has tried many cases in State and Federal courts in the areas of professional liability, product liability, directors and officers liability, and employment law and has extensive mediation and alternative dispute resolution experience. In the employment law arena, Mr. Contini has represented employers on claims alleging harassment, discrimination, and retaliation predicated on race, sex, religion, ethnicity, age, and all other protected categories at the federal, state, and local levels. He has litigated wage and hour cases, reduction in force and WARN Act cases, and employment, harassment, and discrimination cases in Federal and State courts, and has also counseled employers on risk avoidance regarding employment, discrimination, and harassment claims. His representation of clients spans the gamut from individual professionals and directors to small and large corporations and municipalities. He also has a substantial practice representing corporate clients on commercial transactions.
Mr. Contini is admitted to practice before the Courts of the State of New York, the United States District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit.
He has both written and lectured to professionals on risk management, employment law, and ethics. He is an active member of the American Bar Association, the New York State Bar Association, and the Nassau County Bar Association where he is the former Chairman of the Appellate Practice Committee. He is a member of the Defense Research Institute (Employment Law Committee) which assists in affording the most effective level of defense against litigation claims.
Mr. Contini has tried many cases in State and Federal courts in the areas of professional liability, product liability, directors …
Sima Ali provides a full range of representative services, primarily for management, in all areas of labor and employment law. Ms. Ali has represented clients before federal and state courts, administrative agencies, and other tribunals. Along with her 18 years of experience, Ms. Ali offers an exceptional level of personalized service. She helps clients understand the complex laws and regulations which govern employment so they can take a proactive approach. Ms. Ali is also an engaging speaker who presents seminars on employment law throughout the New York metropolitan area.
Sima Ali provides a full range of representative services, primarily for management, in all areas of labor and employment law. …
Beth O’Neal is a partner at the Boston law firm Conn Kavanaugh Rosenthal Peisch and Ford. Beth focuses her practice on employment law and employment litigation, representing management clients and executives; business litigation; and alcoholic beverages franchise litigation and licensing. She has extensive litigation experience in state and federal courts, and before FEP administrative agencies defending employers in all aspects of employment-related matters. She advises employers on issues involving best employment practices and procedures, as well as state and federal employment laws and regulations that impact the workplace including the FLSA, the FMLA, the ADA, and numerous other state and federal laws. Beth is a graduate of Boston College and Suffolk University Law School.
Beth O’Neal is a partner at the Boston law firm Conn Kavanaugh Rosenthal Peisch and Ford. Beth focuses her practice …
Carlton handles charges, investigations and litigation involving matters arising under all state and federal labor and employment laws and statutes. He regularly advises employers on leave issues, employee counseling, employee hiring and discipline, disability management, and policies and procedures.
Carlton represents employers in matters before the United States Department of Labor (Wage and Hour, OSHA, etc.), the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and all state and federal courts. He has successfully defended employers against a variety of claims, including those brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Equal Pay Act, the Civil Rights Act of 1991, the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Uniformed Services Employment and Reemployment Rights Act, and the National Labor Relations Act. Carlton has also defended employers against OSHA inspections and citations and regularly advises clients about OSHA compliance. With respect to state matters, he handles claims/litigation involving matters relating to retaliatory discharge under the Alabama Workers’ Compensation Act, discrimination claims under the Alabama Age Discrimination in Employment Act, and unemployment compensation claims
Carlton handles charges, investigations and litigation involving matters arising under all state and federal labor and employment laws and statutes. …
Beth Robinson is a practicing attorney at Fortis Law Partners. She has represented employers for more than 8 years in employment, labor and workers compensation matters, in private practice and while working as an Assistant Attorney General for the state of Missouri. Beth began her career at Bryan Cave LLP in their Labor and Employment practice group. She also worked for a national labor and employment firm.
In her current practice, Beth regularly handles various types of employment law matters, including FMLA retaliation and wrongful termination claims. She also provides advice and counsel on workforce management for employers at every stage of the employment process. Beth represents clients in administrative proceedings, including audits by the DOL and state agencies, and litigation for employment law claims.
Beth graduated from Harvard Law School in 2007. She is licensed to practice in Colorado and Missouri. Beth lives in Denver with her husband and her son.
Beth Robinson is a practicing attorney at Fortis Law Partners. She has represented employers for more than 8 years in …
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About L'Abbate, Balkan, Colavita & Contini, L.L.P.
L'Abbate, Balkan, Colavita & Contini, L.L.P. is a full service law firm with offices in Garden City, New York and East Hanover, New Jersey. Founded in 1981, it is now one of the largest law firms on Long Island. However, despite its growth, LBC&C has preserved the innovative and cordial atmosphere that clients have enjoyed since the firm began. Of equal importance, over the years LBC&C has maintained the high standards upon which it was founded. Every matter entrusted to the Firm is handled with pride and the dedication, superior skills and diligence that are the hallmarks of LBC&C.
LBC&C provides a full range of legal services to professionals, businesses and institutions nationwide. Organized into Practice Groups, each with its own specific area of concentration, there is an integration of services so that every client has access to all of the Firm's resources. Many of the Firm's clients are served by more than one Practice Group.
For instance, many professionals have found invaluable the counsel they received from the Business Planning & Transactions and Real Estate Transactions Practice Groups and/or the Labor and Employment Practice Group. All of a client's legal matters can be handled at LBC&C
About Ali Law Group PC
The Ali Law Group offers high caliber, proactive and cost-effective solutions to our clients. We provide the
full range of representative services in all areas of labor and employment law.
In 2011, Sima Ali, Esq. formed the Ali Law Group, a boutique law firm that specializes in workplace law.
Along with her 15-years of experience, Ms. Ali has built the firm upon a clear vision of how to provide the
best and most sound legal advice. Our attorneys have represented a wide range of clients before the full
spectrum of federal and state agencies.
They provide an exceptional level of personal service to our clients in order help them avoid
and/or meet any legal challenges they face.
Ali Law Group recognize that workplace law can be overwhelming and that companies need to understand the requirements in terms they understand. To this end, we strive to create supportive and long-term relationships so our clients feel at ease and come to us before situations escalate or while they’re unfolding. By understanding our clients’ organizational structure and needs, we look to effectively and efficiently pursue the proper course of action.
About Conn Kavanaugh Rosenthal Peisch & Ford, LLP
Conn Kavanaugh represents public companies, closely held businesses and professionals, as well as families and individuals in a wide variety of business and personal matters. The firm has one of the most active trial groups in Massachusetts. Practice areas include business litigation; complex tort defense; construction; corporate and transactional; criminal, white collar, and regulatory defense; employment litigation and counseling; estate planning and administration; family law and probate litigation; land use and real estate litigation; mediation and arbitration; professional liability; and real estate.
About Burr & Forman LLP
For over a century, Burr & Forman LLP’s experienced legal team has served clients with local, national, and international interests in numerous industry and practice areas, ranging from commercial litigation and class actions to corporate transactions, including bankruptcy and restructurings. A Southeast regional firm with nearly 300 attorneys and nine offices in Alabama, Florida, Georgia, Mississippi, and Tennessee, Burr & Forman attorneys draw from a diverse range of resources to help clients achieve their goals and address their complex legal needs. For more information, visit the firm’s website at www.burr.com.
About Fortis Law Partners LLC
Fortis Law Partners is a full service firm in the Denver area. We represent clients of all sizes in corporate transactions, provide guidance regarding corporate compliance, advice and counsel regarding employment and labor law, and represent clients in litigation matters.