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Leaves Management - Taking a Proactive Approach to Employees who are on Long Term Leaves of Absence

vacation request 2Have you received note after note extending an employee’s leave?  Do you have employees who have been out on leave more than 6 months who you think may never be returning?  Are you frustrated with navigating the overlapping leave laws? 

Many agencies have employees who have been on a leave of absence for an extended period.  Employers often do not know when—or even if—the employees will be returning.  Employers are often uncertain what rights they have and what actions can be taken to address the situation.  Should you bring the employee back to work on unmodified duty, have another interactive process meeting, separate them, or consider disability retirement?

LCW will work with your agency to develop a tailored, proactive approach to manage your employees on extended leaves.  We will provide specific advice and strategies to address each employee’s circumstances and ensure the agency remains in compliance with all applicable laws.  Some of the services we can provide include: 

  • Leave Review Services
  • Personalized review of specific leaves of absence.
  • Strategies for determining whether additional medical documentation is required and requesting additional documentation.
  • Supporting and reviewing possible reasonable accommodations.
  • Facilitating and attending interactive process meetings.
  • Reviewing agency-wide leave concerns.
  • Reviewing and revising leave policies.
  • Assisting in disability retirements.
  • Assisting in medical separations.
  • Providing workshops and trainings.
  • Reviewing medical documentation for sufficiency.
  • Advising on all aspects of leave laws and disability discrimination laws.
  • Development of best practices protocols.

Need assistance in this area? Let us know and one of our attorneys will reach out to you ASAP.


Related Training:
In February 2017, we hosted a one-hour webinar on this topic:

webinar 4 Proactive Leave Management and Addressing Long-Term Leaves of Absence

Employees on long-term leaves of absence pose special challenges, complexities, and risks for personnel managers. Leaves of absence trigger a series of legal requirements under several different statutory schemes including FMLA/CFRA, workers’ compensation, and the Fair Employment and Housing Act. Each leave of absence also has its own unique set of circumstances and facts, making it even more difficult to apply the multitude of laws governing personnel leaves. Failure to properly manage long-term leaves of absence can result in depleting an agency’s resources through overtime, uncertainty regarding hiring and personnel, and costly lawsuits. This webinar provides answers and guidance for managing employee leaves of absence. Learn more >

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