Why You Should Attend
Leaves of absence and workplace accommodation matters pose complex legal, regulatory, policy and cultural challenges for both employers and employees. Certain types of conditions and circumstances make addressing them even more challenging. For example, behavioral, mental health, chronic medical conditions, and caregiver issues in the workplace are on the rise and can make addressing leaves of absence and accommodations particularly difficult. In addition, employers are increasingly grappling with emerging trends relating to substance abuse and accommodating medical marijuana use, often in the face of drug-free workplace mandates. Finally, the current climate of COVID-19 considerations has created countless workplace management challenges including remote work accommodations, newly enacted FMLA and other leaves of absence, and the need to accommodate employees who may be fearful of returning to the workplace or who have underlying disabilities that make them more vulnerable to infection.
Meeting the challenges posed by these issues involves a delicate balance of legal, safety, and employee relations considerations and requires an understanding of the substantive and practical considerations involved in achieving legal compliance.
In this program, practitioners from the employee advocacy and management defense bars, along with in-house counsel, agency representatives, and HR professionals will share legal updates and practical insights on how to manage risk relating to decisions around leaves of absence and workplace accommodations. In addition to delving into substantive considerations, panelists will share practical approaches to addressing leaves and accommodations through the use of real-life scenarios and provide insights into enforcement trends and how to proactively avoid risk. The program’s goal will be to define and refine the legal framework from which pragmatic solutions can emerge.
What You Will Learn
• EEOC and DOL enforcement trends and steps to reduce risk
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• Employment challenges relating to behavioral and mental health accommodations under the Americans with Disabilities Act
• Considerations relating to managing substance abuse and issues related to medical and legalized marijuana use
• Common pitfalls and practical approaches relating to administering the FMLA and ADA
• Return to work and intermittent leave management issues and ways to address them
• Undue hardship considerations for disability and religious accommodations