Sessions

Concurrent Session
What's Today's Excuse? Enforcing Attendance Rules, But Offering "Reasonable Accommodation"
Room: Grand Ballroom North
Tuesday 03/19/2019 10:30 AM - 11:30 AM Add to calendar
1.00 SHRM PDCs | Competencies: Ethical Practice, HR Expertise, Relationship Management | Intended Audience: Mid-Level
Workplace Application:
Discover HR best practices for ensuring productivity, despite the complex and intertwined demands of the ADA, the FMLA and employee relations. 

Perpetually absent employees: How can a company comply with its wide-ranging legal obligations when a worker is ill or injured ... and allegedly unable work? When must the company hold the person's job open and offer the worker an opportunity for reinstatement? How can the company offer "reasonable accommodation" to the employee without changing the essential functions of the job? When must the company offer an alternative light-duty job? When can the company enforce its attendance policy and actually terminate the employee for missing work? This session will help attendees realistically evaluate the company's options and exposure when trying to remain in legal compliance but still ensure employee productivity, specifically in these areas:

  • Business efficiency: learning how to regain control when employees unfairly try to take advantage of the broad protections afforded to them under federal law, which allow them to miss work for extended periods yet keep their jobs.
  • Risk management: learning how to effectively manage absenteeism situations without incurring legal liability.
  • Employee relations: learning how to keep employee morale high, even when reliable employees are burdened by an extra workload because other workers are excessively absent.
Gregory J. Hare Photo
Presenter:
Gregory J. Hare, employment attorney,
Ogletree Deakins