There are many laws and rules that govern what happens when an employee takes a leave, or seems to be in need of taking such a leave. For any employer when considering its obligations and an employee’s rights in leave scenarios, the federal Family & Medical Leave Act of 1993 is the “bible”, but other statutes must also be considered. State laws must also be considered, and may sometimes provide for greater rights for employees. In fact, New York State has just enacted a paid Family Leave law which goes into effect January 1, 2018. As a general rule, whichever law is stricter (for the employer) is the one that must be complied with.
Employees must also be entitled to leave or a continuation of a leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). There is an interface/interplay between the ADA and these various leave statutes that employers must also contemplate when considering an employee leave situation. There may also be contractual or quasi-contractual leave entitlements for employees, as may be set forth in an employee handbook. For employers, employee leave can become a complicated scenario.
Join this session, with expert speaker Mark Tabakman to learn the basic principles informing and applying to leave scenarios under these various laws and their interconnections to each other. You will also get an overview of the New York Family Leave law which will be effective from January, 2018. You will learn when, as an employer, you must give a leave, when you have the discretion to properly deny a leave or its continuation and how you can be found to have violated these laws, unintentionally exposing yourself to considerable financial liability and damages.
As an employer, you do not need to know all the legal nuances involved in these matters, but this session will teach you the “art” of recognizing when such issues (and possible exposures) may be present and how they can be rectified before real trouble arises. Mark will analyze problem areas and suggest proactive, strategic protocols and policies to address these issues.
He will provide a PowerPoint presentation that is a virtual “law book” albeit written in understandable English that will provide you with a basic understanding of what the flashpoint issues are and when they may become problems. You will get practical advice accompanied by just enough legalities’ analysis to ensure that you will be able to spot problem issues/areas and how to fix them.
Who Should Attend
Ask a question at the Q&A session following the live event and get advice unique to your situation, directly from our expert speaker.
Mark is a labor and employment lawyer at Fox Rothschild, LLP who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions to employment issues and problems.