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FMLA Leave Is Exhausted: How to Address Transfer & ADA Accommodation Requests, Fitness-for-Duty Exams, & More - On-Demand

FMLA Leave Is Exhausted: How to Address Transfer & ADA Accommodation Requests, Fitness-for-Duty Exams, & More - On-Demand

Product Code: YEWA071119D

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FMLA Leave Is Exhausted: How to Address Transfer & ADA Accommodation Requests, Fitness-for-Duty Exams, & More - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to evaluate your legal rights and obligations when an employee has used up available FMLA leave.

An employee who injured her arm has exhausted leave entitlement under the Family and Medical Leave Act (FMLA), but can she safely return to her manual labor position? What’s the game plan for requesting a fitness-for-duty exam and interpreting its results?

What if the employee’s doctor submits a note stating the need for additional leave for the next three months? Are you obligated to grant that additional time off? What if it’s unclear as to the duration of the additional leave request—what are your obligations under the Americans with Disabilities Act in that case?

And, what does it really mean to return an FMLA-protected employee to an “equivalent” position?

Use this on-demand webinar to find out. Attorney Francine Esposito of Day Pitney will teach you what to consider when evaluating whether you’re able to return a FMLA-protected employee to an “equivalent” position, requesting a fitness-for-duty exam, or granting additional leave time as an ADA accommodation, and more.

After attending this webinar, you will be able to:

  • Handle thorny legal issues that could arise if you’re not careful with how you manage the return‑to‑work process once an employee exhausts available FMLA leave
  • Tell when an employee’s FMLA leave entitlement renews if you use a rolling calendar year model
  • Tell if an employee is entitled to additional time off as an ADA accommodation when FMLA leave expires
  • Know what to do if a doctor’s note specifying the need for indefinite leave
  • Know how to go about requesting and interpreting the results of a fitness‑for‑duty exam before returning a FMLA‑protected employee to work
  • Know how FMLA leave interacts with paid leave entitlements
  • Know what to do if an employee can’t return to work when available leave expires


About Your Presenter


Francine Esposito, Esq.
Day Pitney

For over 20 years, Francine Esposito, a partner with Day Pitney, has represented employers nationwide at labor arbitrations, before various administrative agencies and in employment-related litigation. She has extensive experience in assisting employers to avoid legal disputes by conducting audits and workplace investigations, designing and presenting training, and giving advice on a wide array of labor and employment-related topics, including but leave and accommodation issues; discrimination, harassment, and retaliation; union avoidance and compliance with labor law and administration of collective bargaining agreements; discipline, discharge, and reductions in force; drafting effective and legally compliant employment policies and severance, employment, and non-compete agreements; background checks; and wage and hour practices.

Esposito has represented employers in various industries, including logistics, banking, hospitality, media, healthcare, retail, casino, accounting, real estate, engineering and construction, utility and higher education.

Prior to becoming an attorney, she also worked as a human resources/labor relations professional for major New Jersey employers.