Learn more on the legal requirements for leave of absence for employees eligible.
Even in 2019 with the influx of wage and hour claims, employers still face an overwhelming number of claims relating to mishandling of leaves of absence. Medical issues in the workplace are one of the most complex to navigate. When an employee requires time off from work, it is often at a very emotional time in the employee's life, leaving him or her susceptible to being upset at any mishandling of the employee's leave of absence. These claims carry significant remedies, including attorneys' fees. This topic will cover the various legal requirements for federal and state leaves of absence, including who is eligible for which leaves and how those leaves interact with each other. More importantly, this information will delve into common employer missteps, such as failure to provide key information in writing, mishandling an extension of leave, and triggering COBRA too soon when an employee fails to pay his or her insurance premiums. This material will also cover hypothetical scenarios and recent legal developments to ensure employers have the most updated information to navigate the medical minefield.
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Agenda
Overview of Various Leaves of Absence
- FMLA and Related State Laws
- State Pregnancy Disability Leave Laws
- ADA and Related State Laws: The Interactive Process
Importance of Clear Policies Regarding Leaves of Absence
Difficult Scenarios and Common Missteps
- Constructive vs. Actual Notice
- Interplay Between Different Leaves of Absence
- Leave Designation Notices
- Leave Extensions
- Employee's Failure to Pay Insurance Premiums
- Hypotheticals
Recent Cases
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on December 6, 2019.
Call 1-866-352-9540 for further credit information.
- ASA 1.25
- This program qualifies for 1.25 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Annie Ellis
Law Office of Annie M. Ellis, A.P.C.
- Law Office of Annie M. Ellis, A.P.C.
- Practice emphasizes all aspects of employment law on management-side, from litigation to counseling (policies, investigations, layoffs, terminations, hiring, and other human resources issues and strategies)
- Recent litigation victories include: successfully defeated employee’s age discrimination claims in summary judgment motion for public entity; successfully defeated employee’s pregnancy discrimination claims in summary judgment motion; affirmed on appeal; successfully defeated class certification in wage and hour class action asserting independent contractor misclassification; procured sanctions against plaintiff’s counsel for violating discovery laws; minimized penalties by a significant amount in wage and hour class action with proactive measures at the onset of litigation; defeated employee’s wage and hour claims before DLSE; defeated employee’s claims at administrative trial; defeated employee’s claims in arbitration
- Conducts regular seminars and presentations in employment law, including wage and hour, leaves of absence, paid sick leave, social media, and background checks
- Written several publications related to wage and hour, paid sick leave, and other issues relevant to employers
- San Diego Super Lawyers® Rising Star, 2018-2021; Best Lawyers: Ones to Watch, 2022; San Diego young attorneys nominee by San Diego Daily Transcript, 2014
- Association of Business Trial Lawyers - LDC, Co-chair. 2018
- La Jolla Playhouse, Board of Trustees
- J.D. degree, San Diego Law Review – Editor-in-Chief, University of San Diego School of Law; B.A. degree, University of California, Los Angeles
- Can be contacted at 619-798-8075 or [email protected]
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