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 explored 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.
- Daris Freeman, AVP, Legal Counsel, Unum
- Megan Holstein, SVP, Absence & Claims, FINEOS
David Mohl, Principal, Jackson Lewis PC
Lori Welty, Esq., Absence Management Senior Compliance Attorney, FINEOS
This webinar qualifies for the following CEUs: 1 ADMS, 1 CDMS, 1 CLMS, 1 PHR, and 1 SHRM. If you are interested in receiving continuing education credit for the recorded webinar, you will need to watch the full webinar, and then download your certificate of attendance from the “Webinar Recording and Continuing Education” tab.
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