Juggling Employer Obligations Under the FMLA, ADA, and State Leave and Workers’ Compensation Laws


Re-Broadcast on November 8, 2017

The interaction of the Family and Medical Leave Act, Americans with Disabilities Act, and state leave and workers’ compensation laws creates some of the most complex and potentially costly legal issues for employment attorneys and human resources professionals. The best way to deal with these challenges is to understand what each of the applicable law requires, how they are different, how they are similar, and where they overlap. With this understanding, employers can develop and implement strategies designed to comply with the laws, successfully navigate their critical intersections, and minimize exposure to liability. This program will provide employers and their attorneys with the tools necessary to achieve these important objectives.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

•   Understanding the Key Requirements of the FMLA, ADA, and State Leave and Workers’ Compensation Laws: Similarities, Differences and Areas of Overlap
•   Understanding Strategies for Lawfully and Effectively Responding to Leave Requests and Curbing Leave Abuse
•   Navigating Critical FMLA and ADA Intersections
•   Minimizing or Eliminating Risks Associated With Day-to-Day and Complex Leave Issues

Date / Time: November 8, 2017

•  2:00 pm – 4:00 pm Eastern
•  1:00 pm – 3:00 pm Central
•  12:00 pm – 2:00 pm Mountain
•  11:00 am – 1:00 pm Pacific

Choose a format:

•  Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•  On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


Kenneth A. Jenero, Esq. is a partner in Holland & Knight’s Labor, Employment & Benefits Practice Group. He serves as the leader of the Practice Group’s national Healthcare & Life Sciences Team and co-leader of the group in the firm’s Chicago Office. Mr. Jenero is an experienced trial lawyer and business advisor, who has devoted his entire professional career to litigation and client counseling in all areas of labor and employment law, including employment discrimination, civil rights and affirmative action; wage and hour law; wrongful discharge, retaliation and common law employment torts; union avoidance, collective bargaining, unfair labor practices, labor arbitration and union-management relations; trade secrets, non-compete agreements and other post-employment restrictive covenants; occupational safety and health; and business immigration.

Mr. Jenero represents private and public sector employers on a nationwide basis before arbitrators, administrative agencies, and state and federal courts at all levels. He has successfully represented employers in labor and employment litigation, unfair labor practice proceedings, arbitration hearings, and non-compete cases in twenty-five states. Mr. Jenero also is a published author and frequent speaker on a wide range of labor and employment topics for bar associations, trade associations, chambers of commerce, and other business and professional organizations.

CLE Accreditation:
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Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
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Section I. FMLA and ADA Basics
a) Coverage, Eligibility, Rights and Obligations
b) Similarities, Differences and Areas of Overlap

Section II. State Leave and Workers’ Compensation Laws
a) Sample Illinois Laws
b) Another Layer of Compliance Obligations

Section III. Top Ten Strategies for Responding to Leave Requests
a) Establish and Communicate Legally Compliant and Effective Leave Policies
b) Satisfy Specific FMLA Notice Requirements
c) Use Rights Available to Curb Leave Abuse
d) Be Alert for Protected Leave Situations
e) Be Alert for Non-Typical Leave Situations
f) Satisfy Statutory Accommodation Obligations
g) Exercise Care in Light Duty Situations
h) Separate Leave from Pay Issues
i) Deal Separately With Attendance and Performance Issues
j) Train Supervisors and Managers

Section IV. Navigating Other Critical FMLA and ADA Intersections
a) The Problem of Perpetual Intermittent Leave

Section V. FMLA and ADA Updates
a) Recent Case Law and Guidance