Family and Medical Leave Act, Sick Leave Abuse and the Fire Service: Averting claims of discrimination and retaliation January 11, 2023
The Family and Medical Leave Act (FMLA) was enacted with the best of intentions to protect employees who are dealing with a serious illness or injury. However, some employees quickly learned how to navigate and manipulate the FMLA to their advantage. Attorneys also found ways to leverage FMLA protections with disability laws, including the Americans With Disabilities Act (ADA).
No where has this problem become more acute than the fire service, where injuries & illnesses are so common. The failure to adhere to the numerous requirements of the FMLA & ADA opens fire departments to claims of discrimination and retaliation. Both can be weaponized to challenge the enforcement of policies, the imposition of disciplinary actions, & even the denial of a promotion. How did this happen, & more importantly are you prepared?
Fire departments must have policies & forms ready to address the FMLA. Time off, leave, & disciplinary policies must be integrated with your FMLA policy. The FMLA provides strict time limits & notice requirements & offers the employer little forgiveness for non-compliance. Are your policies adequate to protect your agency while complying with the FMLA’s lengthy & complicated requirements?
This program prepares employers for the challenges their employees will raise under the FMLA. Included will be:
• An in-depth review of FMLA requirements
• The FMLA & ADA
• Must have policies, forms & practices
• How to marry your FMLA policies with all of your time off & leave policies
• Common Employer Mistakes
Instructor: Brad Pinsky, Esq.
Brad Pinsky is a practicing attorney representing fire departments, fire districts, & firefighters throughout NY State. He has over 30 years of experience as a firefighter & EMS provider, including serving as the Fire Chief for the Manlius FD. He lectures nationally at fire and EMS conferences, & has been published regularly in national fire & EMS magazines.