Those working in leave of absence often use the term “job protection,” but what does it really mean? In some cases, the law spells it out. The Family and Medical Leave Act (FMLA) requires an employer to restore the employee to the same or an “equivalent” job. However, the Americans with Disabilities Act (ADA) holds employers to a higher burden; the employee must be returned to the same position, in the absence of undue hardship. What about the many other statutory leaves that aren’t as explicit? Often, they fall within a grey area like when new state paid leave laws blend wage replacement benefits with job protection provisions. Even murkier, what are an employer’s obligations to restore an employee who takes a company leave, such as vacation or sick leave?
In this moderated panel discussion, we will explore the nuances of job protection, from sticky FMLA and ADA cases, to newly enacted state and local laws, to the sometimes confusing doctrines surrounding employer-provided plans.
Gain an understanding of an employer’s job protection obligations under key leave laws, while also learning the nuances of recently enacted laws.
Review how layoffs and promotions that occur near an FMLA leave may impact an employer’s obligations.
Identify employer recourses when negative information becomes available about an employee on leave.
Explore whether an employer must hold a job open during a period of non-statutory paid time off.
AVP, Legal Counsel Unum
Daris Freeman joined Unum in 2000 when they started the leave management service. After more than 10 years developing the service from the operational side, she moved to compliance and is currently assistant vice president of legal counsel. Ms. Freeman’s primary responsibility is to support Unum’s absence management center which administers FMLA, paid leave, ADA, and over 200 complementary state laws. Ms. Freeman partners with the operation and their clients to ensure an absence management program is compliant with federal and state laws. Most recently, Ms. Freeman’s time has been dedicated to the paid leave landscape, implementing solutions for customers, and working with state agencies on development of their programs. Daris received her bachelor of science degree in organizational management from Covenant College, her JD from the Nashville School of Law, and is licensed to practice law in Tennessee. She is a certified trainer for SHRM and CE credit and is a frequent speaker on FMLA and ADA.
SVP, Absence & Claims FINEOS
At FINEOS, Megan focuses on operationalizing the law, using project management techniques and business acumen to create compliant, but workable solutions, converting legal rules into software and/or process requirements. Ms. Holstein has extensive experience focusing on the Family and Medical Leave Act, the Americans with Disabilities Act, and their state and local law equivalents, as well as disability, paid sick leave, and family leave benefits, including ERISA as it pertains to short- and long-term disability plans and statutory disability and paid family leave. Ms. Holstein’s background also includes employment law counseling matters such as DOL audit assistance, defense of EEOC and workplace discrimination claims, manager and employment law training and workplace investigation.
Principal Jackson Lewis PC
David Mohl's practice focuses on proactive and preventative advice and counsel, with an emphasis in the area of leave management, focusing on ADA, FMLA, paid sick leave, and related leave statutes and policies. Mr. Mohl has a wide range of labor and employment law experience, including disability leave management, wage and hour, discrimination, harassment, employment agreements, restrictive covenants, training, and workplace investigations. Prior to joining Jackson Lewis, he served as associate general counsel at a Fortune 300 global consumer packaged goods company where he was a member of the general counsel’s senior leadership team, and was responsible for the company’s global labor and employment, litigation, and privacy functions. Prior to that, he served as senior counsel at a large global health service and insurance company where he provided legal counsel and strategic advice regarding all global employment matters. Mr. Mohl is a frequent speaker on legal developments under the ADA, FMLA, and other employment law issues.
Lori is an industry expert in the areas of state, federal, and local paid and unpaid leave and disability laws. She is a frequent author and presenter on a variety of topics relating to leave of absence and disability. Lori has advised clients in all aspects of employment law for over 20 years, and has specialized in absence management and disability since 2012. She graduated from the University of Colorado School of Law as an Order of the Coif candidate, and received her undergraduate degree from Johns Hopkins University where she was inducted into the Golden Key National Honor Society. Lori is licensed to practice law in Colorado.
This session qualifies for the following CEUs: 1 CLMS, 1 PHR, and 1 SHRM. To qualify for CEU credit:
You must attend the full duration of the webinar. Following the webinar and once attendance has been confirmed, you will receive an email with CEU reporting information.
You must register for and watch the webinar individually. Group participation does not qualify for CEU credit.
Exclusively offered by DMEC, the Certified Leave Management Specialist (CLMS) program is the only professional designation of its kind that provides interactive, hands-on training to ensure your programs effectively comply with state and federal leave laws. Learn more about the CLMS program.
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