2016 - September Labor Law Seminar
When Workers Can’t Work: Leaves of Absence and Reasonable Accommodation
Employers know that they must provide reasonable accommodation for ‘qualified’ individuals with disabilities. California requires this of all businesses with at least five employees.
Employers also know they must provide leaves of absence in many situations: pregnancy, work-related injuries, etc.
But many employers do not realize that leaves of absence may be required as a reasonable accommodation – even when other laws such as FMLA have been used!
Recent federal guidance and a slew of court cases suggest that leaves of absence may often be required even when an employee is new, has exhausted all other leave, or does not know for sure whether he or she will be able to work in the near future. This seminar discusses these recent developments and some of the basic rules governing reasonable accommodation and employers’ obligation to provide leave – or any other measure – to their employees. This is one of the most active areas for state and federal employee complaints, and one of the most difficult areas for employers to navigate.
Richard Rybicki is a shareholder with Rybicki & Associates, P.C., a Wine Country employment-law firm advising employers on all aspects of labor and employment law. He assists management on workplace issues every day and has represented employers in courts and administrative proceedings throughout the United States.