Risks to Employers Over Job Performance and Termination Issues Involving the FMLA & ADA


CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

The Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) are two remedial laws intended to balance employee entitlements to caring for themselves and/or their loved ones in times of medical need against the ongoing workforce staffing and related business demands of employers. This course will explore how best to navigate the well-intentioned minefield of risks that these laws present for employers.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   Recent case law developments involving employees who have taken or are taking medical leave and who are subjected to discipline and related issues
•   The intersection between the FMLA and ADA, with emphasis on employer obligations under these laws
•   Best practices to manage and minimize risk for companies of all sizes

Date / Time: January 16, 2019

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 am Central
•   8:00 am – 10:00 am Mountain
•   7:00 am – 9:00 am Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Select your state to see if this class is approved for CLE credit.

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Original Broadcast Date: January 16, 2019

Alex Berg, Esq. is an associate with Kollman & Saucier, a metropolitan Baltimore law firm representing management in all areas of labor and employment law. Before joining the firm, Alex served as a judicial law clerk on the Maryland Court of Special Appeals and the D.C. Superior Court.

Alex regularly advises private and public sector employers of all sizes on FMLA and ADA issues, as well as those arising under Title VII of the Civil Rights of 1964, the FLSA, and ADEA, and state and local employment law and wage and hour statutes. He is also a frequent contributor to Matthew Bender’s Labor and Employment Bulletin.

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Section I. Overview of FMLA and ADA

Section II. How does an FMLA leave request align with the obligation to provide reasonable accommodations to individuals with known disabilities under the ADA?

Section III. Once it becomes clear that employees may need a reasonable accommodation, how should employers navigate the interactive process?

Section IV. What happens when employees exhaust their FMLA leave entitlement without being medically cleared to return to work?

Section V. What other best practices should employers consider when an employee on medical leave seeks to return to work?

Section VI. What questions should employers be asking and investigating for themselves when faced with issues involving the taking discipline against employees with known medical needs?