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Understand the Eligibility for Leave Determinations

OnDemand Webinar (89 minutes)

Learn more on the legal requirements for leave of absence for employees eligible.Even in 2019 with the influx of wage and hour claims, employers still face an overwhelming number of claims relating to mishandling of leaves of absence. Medical issues in the workplace are one of the most complex to navigate. When an employee requires time off from work, it is often at a very emotional time in the employee's life, leaving him or her susceptible to being upset at any mishandling of the employee's leave of absence. These claims carry significant remedies, including attorneys' fees. This topic will cover the various legal requirements for federal and state leaves of absence, including who is eligible for which leaves and how those leaves interact with each other. More importantly, this information will delve into common employer missteps, such as failure to provide key information in writing, mishandling an extension of leave, and triggering COBRA too soon when an employee fails to pay his or her insurance premiums. This material will also cover hypothetical scenarios and recent legal developments to ensure employers have the most updated information to navigate the medical minefield.


Annie Ellis, Procopio, Cory, Hargreaves & Savitch LLP


Overview of Various Leaves of Absence

• FMLA and Related State Laws

• State Pregnancy Disability Leave Laws

• ADA and Related State Laws: The Interactive Process

Importance of Clear Policies Regarding Leaves of Absence

Difficult Scenarios and Common Missteps

• Constructive vs. Actual Notice

• Interplay Between Different Leaves of Absence

• Leave Designation Notices

• Leave Extensions

• Employee's Failure to Pay Insurance Premiums

• Hypotheticals

Recent Cases