Return-to-Work Compliance When Jobs Are Gone

• Overview

Minimize legal risk by staying up-to-date on current rules and regulations associated with employees returning to work when the workplace has changed.Employers often face concerns when deciding whether and how to return employees to work after a leave of absence. Specifically, it's important to determine legal obligations to these employees, including their rights to leave, rights to light duty positions, and rights to benefits when they return. This topic helps employers recognize potential legal problems in returning (or not returning) an employee to the work place, as well as how to avoid potential pitfalls. The topic explains some of the key statutes regarding leave and return-to-work, including workers' compensation laws, the Family and Medical Leave Act, the Americans with Disabilities Act, and Uniformed Services Employment and Reemployment Rights Act of 1994. We will discuss recommendations for best practices for employee return-to-work under these laws.

Authors

Joshua Bortnick, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Julia Drafahl, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Agenda

Overview - Dealing With the Changes

• Has Your Organization Downsized or Restructured Over the Last Year or so?

• How Do You Handle Returning Employees to Work When the Workplace Has Changed?

• Do You Even Have a Position Available for Those Employees?

Work-Related Injuries

• Workers' Compensation Leaves of Absence

• Reinstatement Requirements

• Light Duty and Modified Job Duties

• Workers' Compensation Retaliation Claims

FMLA and Other Medical Leaves of Absence

• Reinstatement Requirements

• Fitness for Duty Certifications

• Same or Equivalent Position

• Using a Reduction in Force to Deny Reinstatement

Military Leaves of Absences

• Reemployment Rights

• Undue Hardship or Impossibility

• Seniority and Benefits Issues

• The "Escalator Principle"