Minimize legal risk by staying up-to-date on current rules and regulations associated with employees returning to work when the workplace has changed.
Since the COVID-19 pandemic, many organizations have undergone one or more phases of reductions-in-force, as well as restructuring and creative solutions such as reduced work hours or pay. What can such organizations legally do when employees on a leave of absence want to return to such a changed workplace?
This webinar will assist you with making the tough decision on what can or must be done with employees who want to return to work after a leave of absence. Your state’s workers’ compensation laws, the Family and Medical Leave Act, the Pregnant Workers Fairness Act, and the Uniformed Services Employment and Reemployment Rights Act are just a few of the laws that govern this difficult minefield that must be navigated by employers. Failing to comply with these and other employment laws can expose you and your organization to significant legal liability and damage awards. This webinar will provide critical answers to employers so that the risk of such legal liability is drastically reduced or eliminated altogether, despite the complexity and variances associated with the various applicable laws.
Learning Objectives
- You will be able to identify legal obligations when deciding whether to return employees to work.
- You will be able to discuss legitimate reasons an employee may not be returned to work following FMLA leave.
- You will be able to describe the importance of the ‘Escalator Principle’ when returning certain employees to work.
- You will be able to recognize whether an employee is eligible for FMLA leave.
Agenda
Dealing With the Changes
- Has Your Organization Recently Downsized or Restructured?
- How Do You Handle Returning Employees to Work When the Workplace Has Changed?
- Do You Even Have a Position Available for Those Employees?
Work-Related Injuries
- Leaves of Absence Related to an On-The-Job Injury
- Reinstatement Requirements
- Light Duty and Modified Job Duties
- Workers’ Compensation Retaliation Claims
FMLA and Other Medical Leaves of Absence
- Reinstatement Requirements
- Fitness for Duty Certifications
- Same or Equivalent Position
- Using a Reduction in Force to Deny Reinstatement
- Other Laws and Legal Requirements to Consider
Military Leaves of Absence
- Reemployment Rights
- Undue Hardship or Impossibility
- Seniority and Benefits Issues
- The Escalator Principle
Speakers
James M. Paul,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.- Shareholder in the St. Louis office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., an international labor and employment law firm
- Extensive experience in handling labor and employment law litigation in federal and state courts, and before the Equal Employment Opportunity Commission, the Department of Labor, the Department of Justice, the Occupational Safety and Health Administration, and several state agencies
- Regularly advises employers on all labor and human resource management issues in an effort to prevent or resolve employee issues before they escalate into legal disputes
- Former employer co-chair for the American Bar Association’s FMLA Subcommittee, current co-editor in chief of the ABA/Bloomberg BNA’s annual treatise covering developments under the FMLA, and current vice-chair of the Missouri State Council of SHRM
- J.D. degree, Washington University; B.S.B.A. degree in labor relations and economics, Saint Louis University
- Can be contacted at 314-802-3950 or Jim.Paul@Ogletree.com
Samuel W. Newman,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.- Associate in the St. Louis office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., an international labor and employment law firm
- Experience handling workers’ compensation claims and setting up injury prevention policies and defending a wide variety of employment claims, including those relating to disability discrimination and workers’ compensation retaliation
- J.D. degree, Saint Louis University; B.S.B.A. degree in marketing, University of Missouri-Columbia
- Can be contacted at 314-898-4075 or Samuel.Newman@Ogletree.com
Who Should Attend
This live webinar is designed for human resource managers, workers’ compensation managers, safety and risk managers, attorneys, business owners and managers, insurance professionals, benefits professionals, and payroll managers.
