Disability, Leave & Return to Work Counseling & Litigation
Balch & Bingham’s labor and employment practice provides employers with strategic advice, training, and development of compliant disability, leave and return to work policies and procedures. Our lawyers are experts in ADA accommodations, FMLA regulations, and workers’ compensation, including how they all intersect. We have helped clients develop comprehensive return to work programs, including developing procedures and forms for addressing any type of leave or medical issue. We regularly assist our clients in communicating with physicians to obtain the information they need to make the right decisions.
Whether the job at issue is an office job or a dangerous safety-sensitive position, we have experience representing large and small companies.
- Fitness for duty and medical evaluation processes
- Development of processes to determine if a direct threat under the ADA exists
- Advice on what is reasonable or an undue hardship under the ADA
- Assistance with physician communications
- HIPAA compliance
- GINA compliance
- FMLA flowcharts for decision-making
- Management and HR training on legal compliance with all things relating to employee medical issues
- Auditing medical files
- Drug and Alcohol testing
- DOT compliance
While our main goal is keep our clients out of litigation, we also have extensive experience in defending claims under the ADA, the FMLA, and worker’s compensation. We have handled individual and class claims filed by employees and the EEOC.