Leaves of Absence Management and Accommodations

The Family and Medical Leave Act, Americans with Disabilities Act, and the exponential increase of state and local leave laws (including paid family and medical leave, paid sick leave, and pregnancy disability laws) have significantly increased the number and complexity of issues surrounding employee leave and accommodation entitlements. This new and ever-changing legal landscape also has confounded employers in multiple jurisdictions where the legal requirements may vary dramatically from one location to the next and where one-size-fits-all policies may no longer be effective.

HOW WE HELP

We are at the forefront of these developments and regularly partner with clients to develop proactive, sound leave and reasonable accommodation compliance strategies and solutions. We help our clients ensure legal compliance, mitigate risk, meet their business needs and objectives, and effectively run their businesses. We do so by analyzing and improving their processes, policies and other supporting documentation under the multitude of ever-changing federal, state, and local laws. We streamline complicated but repetitive processes governing the time away from work taken by thousands of employees, resulting in increased productivity and efficiencies for consistent work-flow; and efficiently. Our work in this space can also significantly reduce the resources needed to manage leaves and other accommodations processes while adhering to all applicable compliance parameters. Ultimately, by working with our expert attorneys, we expect the number of legal claims filed under the various federal, state, and local leaves and accommodation statutes to decrease.

OUR SERVICES

We are positioned to offer customized counseling and guidance on leave-related programs and documentation, as well as expert advice on managing those employees taking leave. Our team of attorneys assists clients in developing leave and accommodation programs that are compliant with federal and state law, but which maximize operational goals. We respond to day-to-day questions regarding how to manage leaves and the interplay with the interactive process.

We conduct trainings for human resources professionals and managers on the interplay between applicable leave and disability law, providing guidance on each stakeholder’s role within the organization in this complicated process. And in the event a charge or claim is filed, we defend our clients’ processes and decisions in front of administrative agencies and in court.

Our Leaves of Absence Management and Accommodations team is continually evaluating and tracking the law, policy-making and enforcement agendas of federal, state and local legislatures and agencies, in addition to the EEOC and Department of Labor to ensure that our clients have the most up-to-date information when responding to a leave or accommodation issue.

We serve all clients across the country and industries, and are particularly equipped to provide advice and counsel relating to leave and absence accommodation for employers with employees in multiple states and jurisdictions.

We have partnered with employers interested in auditing their own or third party administrator’s services to ensure compliance, and assisting in implementing new processes. We have also helped to craft sophisticated tracking systems for leaves and reasonable accommodation, which helps reduce the risk of deadlines slipping through the cracks and unnecessarily prolonged leaves.

THE SEYFARTH EXPERIENCE

Our Leaves of Absence Management and Accommodations team is comprised of experienced attorneys across all of our offices who can not only help clients make certain they are compliant with these complicated and nuanced laws, but also provide practical and creative solutions that limit unnecessary employee absences. Our team includes a number of high-level government officials with extensive experience in the leave and disability area. In addition, because our attorneys are thought leaders in this area, we are frequently asked to testify before Congress and other administrative agencies, as well as provide comments on proposed regulations.

We cater to your needs and deliver services in a way that works best for your company or organization. For example, our approach may begin by process mapping the leave and accommodation practices that are relevant to your business, and then provide template forms and other documents/checklists to make the administration of the process more streamlined and consistent. And, for continued support we can and have offered advice on a weekly basis relating to individual or systemic issues. Customization, efficiency and most importantly, the most current and accurate analysis of leave-related legislation is what makes us truly are the forefront in this area.