About this practice
Employers are faced with an increasing number of — and often conflicting — federal, state and local laws impacting how to manage employees with disabilities, health conditions, and family/personal obligations. Our Disability, Leave and Health Management practice group helps employers design and administer their leave and accommodation policies and practices in a way that complements and drives each employer’s unique workplace culture and proactively addresses business and operational needs. We also bring a big-picture perspective to the table by collaborating with other practice groups to ensure that employers’ leave and accommodation policies and practices are in compliance with other related legal obligations such as privacy, wage and hour, OSHA, employee benefits, and unique state and local laws. Ensuring legal compliance, reducing the risk of employment litigation and solving employer leave and accommodation problems — that’s what we do.
Additionally, our litigation attorneys have extensive experience defending employers against legal challenges to disability management decisions before courts and administrative agencies, including class action litigation.
Services we offer
We assist employers with navigating complex leave administration questions that require an understanding of federal, state and local laws such as the FMLA, PWFA, state leave laws, ADA, GINA, HIPAA, and COBRA. We offer practical advice on integrating legal obligations under those laws with company paid time-off and disability and group health benefit programs. We also provide guidance on compliance with the PUMP Act and creative solutions for providing lactation breaks in traditional and non-traditional workplace settings.
The Disability, Leave and Health Management practice group also helps businesses with ADA Title III access issues. Businesses that provide services and products to the public are committed to making their facilities, goods and services accessible to individuals with disabilities. These businesses require assistance with auditing their compliance efforts and defending against claims by disabled individuals who threaten and file class actions complaining that they were unable to access a business’ website, facilities or products and services.
Some of the specific services we provide include:
- Reviewing and developing leave, reasonable accommodation, lactation breaks, paid time off and attendance policies
- Reviewing and developing forms and letters used to administer leaves of absence and to process reasonable accommodation requests under the ADA, PWFA and state and local leave laws
- Reviewing and developing management guidelines to assist in administering and integrating leave and benefit programs in compliance with federal, state and local laws
- Monitoring and summarizing state and local leave laws, including a rapidly growing number of state and local paid sick leave and paid family medical leave laws
- Guiding day-to-day decision-making for employees who are absent or on leave
- Providing legal advice on individual leave and accommodation issues
- Training on integrated disability and absence management compliance obligations
Disability management products and services
- Reasonable accommodation policies and guidelines
- Reasonable accommodation employee request forms, letters, customized, situation-specific supporting medical questionnaires and release to return to work forms
- Review and advice regarding employee application forms, post-conditional offer medical examination processes and employee medical inquiries and examinations
- Guidance and forms for handling employee requests to continue to work from home and requests for hybrid schedules in connection with employer return to in-person work initiatives
- Fitness for duty policies and guidelines
- Transitional work policies and guidelines
- Guidance and advice for managing threats of serious risk of harm in the workplace due to employee performance and misconduct issues
- Workplace violence prevention policies and guidelines
- Remote/telework policies and programs
- Functional job analysis and job descriptions
- ADA Title III compliance, including website accessibility audits
- Defense of ADA Title III claims regarding website accessibility, access to services and products, and access to physical facilities
- Section 504 compliance
- Substance abuse policies and guidelines, including DOT compliance
- Data analytics for leave and accommodations
Leave management products and services
- Comprehensive review and gap analysis of all leave policies, forms and processes to ensure compliance with federal FMLA, PDA, PWFA, ADA, USERRA and state and local leave laws of all types
- Leave & Accommodation Suite — an intuitive, self-service application allowing corporate counsel and HR professionals to navigate leave and accommodation laws and regulations
- Handling of FMLA audits conducted by the DOL
- Paid sick leave and paid family leave policies and guidance
- Parental leave policies and guidance
- Attendance policies and guidance
- Attendance policy review and guidance
Products and services for compliance with the PWFA and PUMP Act
- Advice and counsel on PWFA and PUMP Act issues
- Creation and review of employee reasonable accommodation policies, request forms, supporting medical questionnaires, letters, and processes under the PWFA and similar state laws
- Creation of policies, request forms, processes for compliance with the PUMP Act
Health management products and services
- Assistance with job analysis
- Advice and counsel regarding physical agility testing programs
- Guidance on personality testing in the hiring and promotion process
- Advice regarding the use of artificial intelligence (AI) programs in the hiring process and in the workplace that impact ADA issues
- Advice regarding post-conditional offer medical exams
- Guidance on the use of medical examinations and inquiries with current employees
- Best practices and advice regarding workplace wellness programs
- Guidance regarding DOT medical certification and qualification to drive issues
Management training and education
- ADA compliance
- FMLA compliance
- PWFA compliance
- PUMP Act compliance
- Integrated training on how to handle reasonable accommodation and leave requests under all federal, state and local laws
- Comfort and service animals in the workplace
- Accommodating employees with mental disabilities
- Handling workplace violence issues
- Drugs and alcohol in the workplace training, including testing issues
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