Our closing “Ask the Experts” session allows conference attendees to submit their most challenging questions to our panel of distinguished FMLA/ADA legal experts. You provide the uncensored questions, and they provide the unfiltered answers. This interactive discussion between attendees and panelists allows audience members to have their “real-world” questions answered by the specialists. Come prepared with your toughest questions and the most perplexing challenges faced by your company. And best of all, there will be no billable hours or consulting fees incurred!

Research shows that employers don’t feel comfortable navigating employees’ behavioral health challenges; however, the Department of Labor has published updated information to remind employers about the importance of including behavioral health conditions as protected leave under FMLA. In this session, we will review the current landscape of behavioral health in the workplace and the key compliance considerations for these conditions under the FMLA. Presenters will also discuss the impact of behavioral health conditions on employee absence, productivity, and engagement, as well as provide practical tips and effective solutions for supporting employees with behavioral health conditions.

The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization reversed 50 years of precedence, and questions are pouring in about what it means at the practical level. Now employers face a multitude of health benefits issues that are — or are not! — impacted by the decision. Is an abortion or the necessary time off protected by the FMLA, the ADA, or similar state laws? Can an employer provide benefits coverage, or deny such coverage, for the travel time associated with the procedure? What options does an employer have for providing or denying coverage under group health plans, flexible spending accounts, health reimbursement accounts, and other programs? And how do these issues under Dobbs compare to other women’s healthcare and benefits issues, such as coverage for other reproductive rights or cancer? In this session, we’ll share the issues employers must be aware of to understand the possible impact of the Dobbs opinion, and we will explore how employers can be thoughtful about their healthcare benefits packages overall, aware of the impact of decisions on their benefits plans, and how to avoid unintended consequences by being proactive.

ADA obligations are confusing and burdensome — posing a significant risk to employers. Many employers fail to recognize situations where they need to engage in the interactive process to determine if they have an obligation to accommodate an employee, and many are handling ADA requests on the side and potentially failing to evaluate the ADA accurately. ADA programs that follow or integrate with other leave events are particularly complicated. In this session, we will review ADA obligations and best practices, including the role state law plays in evaluating accommodation requests. We will also explore ways in which technology can assist an employer in appropriately identifying, evaluating, and assessing ADA accommodation requests, while also creating and maintaining compliant and appropriate recordkeeping processes.

While paid family and medical leave (PFML) remains in the state regulatory spotlight, much of the workforce is not covered by these laws or has leave needs outside of what is available. At the height of COVID-19, the American Journal of Emergency Medicine reported a 25%-33% increase in reported domestic violence cases. According to WHO, mental health issues rose 25% in 2020. These issues did not disappear even though pandemic impacts have lessened. In this session, we will focus on ancillary types of paid leave that employers can offer as support tools for employees, as well as how to facilitate easier navigation for an employee assessing their options. We will discuss leave related to domestic violence, bereavement, mental health, and more that can bolster existing, more traditional offerings. We will drill down into compliance considerations and highlight specific employer programs to bring concepts to life and share results.

With federal and state regulations governing the Family and Medical Leave Act, paid family leave, and paid family and medical leave, absence management professionals frequently proceed cautiously because of litigation fears. And rightly so. In 2021, the DOL investigated 928 complaints involving the FMLA, including discrimination, termination, and refusal to grant leave. 43% of these cases — affecting 429 employees — were found to be valid violations, with the DOL granting over $1.4 million in back wages. Given these statistics, employers tend to be generous around leave approvals. However, this generosity can lead to excessive absence, lost productivity, or employees receiving different treatment. Using recent court case examples, we will discuss tools and techniques, such as recertification and the honest suspicion rule, that are available to employers to assist with effective absence management.

As employers tackle their compliance obligations under the Family Medical and Leave Act (FMLA), they need to be aware not only of the provisions and regulations of the statute, but also the scope and impact of court decisions and jury verdicts involving actual disputes around FMLA rights between employers and employees. In this session, we will review the top ten cases over the last ten years that have had a lasting impact on employer obligations. We will review the facts, discuss relevant court rulings and jury findings, and provide common sense compliance advice relating to each case. We’ll entertain and educate as we demystify FMLA compliance.

Employees’ mental health is a key concern for organizations, and many employers struggle with their role, what is permissible, and how to create a mentally healthy workplace. Similarly, employees do not always feel comfortable discussing their mental health and may not be aware of tools and resources available to them. In this session, we will explore employees’ rights and discuss employer best practices for fostering an inclusive, equitable, and mental-health friendly workplace.

Eligible employees are entitled to FMLA and other job-protected leaves regardless of job performance. That means that some (or perhaps many) of your workers who take leave may be on performance improvement plans or on the verge of termination. When they return to work, how do you continue to coach those employees or impose discipline (or even termination) without facing a discrimination, interference, or retaliation claim? In this interactive session, we will explore practical tips for managing your “difficult” employees including using company policies to your advantage, treating similar employees similarly, appropriately timing disciplinary/termination decisions, educating decision makers, and documenting communications and decisions.

Your remote employee is out for her serious health condition, or is she? When you call, you hear background noise inconsistent with her leave (festive music, cheering, etc.). Another remote worker on intermittent leave for a serious health condition frequently misses calls and deadlines but blames it on a sudden flare-up of his medical condition. How do you handle these situations? Catching FMLA abuse and managing intermittent leaves is always challenging, but it is more difficult with virtual workforces. In this session, we will identify issues employers face when trying to track and monitor FMLA abuse, managing intermittent leave, and supporting the “honest belief” defense in a virtual work environment in light of regulations, case law, and DOL guidance.