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Managing Employee Leave & Reasonable Accommodation Requests

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Managing Employee Leave & Reasonable Accommodation Requests ACCS 2007 ANNUAL MEETING ENJOYING THE RIDE ON THE TRACK TO SUCCESS 306 - Managing Employee Leave & Reasonable Accommodation Requests Eric Reicin Vice President & Associate General Counsel Sallie Mae, Inc. Hillary Weingast Director, Legal Department Symantec Corporation Linda Whittaker Associate General Counsel Wal-Mart Stores, Inc. This material is protected by copyright. Copyright © 2007 various authors and the Association of Corporate Counsel (ACC). Materials may not be reproduced without the consent of ACC. Reproduction permission requests should be directed to the Legal Resources Department at ACC: 202/293-4103, ext. 342; [email protected] ACC's 2007 ANNUAL MEETING Enjoying the Ride on the Track to Success Ms. Whittaker began her legal career in private practice at Stanley, Lande and Hunter in Faculty Biographies Muscatine, Iowa. Her practice emphasized employment and litigation. Ms. Whittaker still describes herself as a “recovering family law attorney.” Eric Reicin Ms. Whittaker received a B.S. and a B.A from the University of Arizona. She graduated with Eric D. Reicin is vice president and associate general counsel for Sallie Mae in Reston, Highest Distinction from the University of Iowa College of Law. While at Iowa, Ms. Virginia. In this position, he serves as the company's chief litigation, labor and employment, Whittaker was an Associate editor of the Law Review and a member of the National Moot and intellectual property attorney and also is responsible for managing legal support to the Court Team. company’s Asset Performance Group, IT division, and Sallie Mae PAC. Mr. Reicin is based at the company’s headquarters in Reston. In addition to Reston, Mr. Reicin’s team is located in Niles, Illinois, White Plains, NY, Fishers, Indiana, and Cincinnati, Ohio Prior to joining Sallie Mae, Mr. Reicin was a litigator at law firms in Washington, D.C. and Chicago, Illinois. He also served as co-editor for the chapter on sexual and other forms of harassment in Lindeman and Grossman, Employment Discrimination Law, 2000 supplement and co-editor for the chapter on retaliation in forthcoming Lindeman and Grossman, Employment Discrimination Law, 4th Ed. Mr. Reicin also is the Immediate Past President of WMACCA and serves as a member of the WMACCA Board of Directors. Mr. Reicin frequently appears as a speaker on employment law topics before both local and national organizations. He is the national corporate counsel chair for the ABA EEO Committee and is one of the founders of the ABA/EEOC joint training partnership. Mr. Reicin currently serves on the Georgetown University Law Center Corporate Counsel Institute Advisory Board and as co-chair of the ABA Section of Labor and Employment Law In-House Counsel Task Force. Mr. Reicin is a cum laude graduate of the University of Illinois College of Law and a Mortar Board graduate of the University of Michigan. Hillary Weingast Director, Legal Department Symantec Corporation Linda Whittaker Linda A. Whittaker is the associate general counsel of the employment practices division of Wal-Mart Stores, Inc. in Bentonville, Arkansas. Her group advises the company on policies, procedures, non-insured benefits, information systems, training, and all manner of employment compliance issues - ranging from work authorization to required postings. Ms. Whittaker joined Wal-Mart in as employment litigation counsel. Ms. Whittaker became Wal-Mart’s ADA Coordinator. In that position she developed Wal-Mart’s ADA policy and implemented procedures. More recently, Ms. Whittaker heads a group of attorneys who advise the company. 2 of 35 ACC's 2007 ANNUAL MEETING Enjoying the Ride on the Track to Success Protected Time Off – Time Off Allowed Protected Time Off – Time Off Allowed Jurisdiction Blood, Organ, Family Military Family Miscellaneous Violence Victim Crime Victim Legal Election Public Jury Duty Community Voting Jurisdiction Blood, Organ, Family Military Family Miscellaneous Violence Victim Crime Victim Legal Election Public Jury Duty Community Voting and/or Obligations/ Member Recovery Proceedings Proceedings Officer Official Emergency and/or Obligations/ Member Recovery Proceedings Proceedings Officer Official Emergency Bone Marrow School Volunteer Bone Marrow School Volunteer Donor Activities Donor Activities FEDERAL n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a may limit amount if undue Alabama n/a n/a n/a n/a n/a n/a n/a Election day n/a Entire 24-hour n/a n/a hardship created only; must day on the provide proper day(s) of Must provide documentation service copy of victim’s regarding pursuant to rights form appointment at summons received from least 7 days responsible law before time off Must present enforcement summons to agency and copy immediate of notice of each superior on the scheduled next working proceeding, if day after applicable receiving the summons; Arkansas Up to 90 days n/a n/a n/a n/a Amount of time n/a n/a n/a n/a n/a n/a employee must unpaid in necessary to report to work addition to any participate in on the next day medical, preparation for or after s/he is personal, or to attend criminal dismissed from other paid proceeding jury duty leave (Organ & No notice Alaska n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Bone Marrow requirements Arizona n/a n/a n/a n/a n/a Amount of time n/a n/a n/a n/a n/a n/a Donor) necessary to obtain legal Employee protection and must request participate in the time off in criminal writing proceeding California n/a Up to 40 hours n/a Amount of Amount of time n/a n/a n/a n/a n/a n/a Up to 2 hours related to the unpaid each time necessary necessary for paid time off crime; employer Document #: 2639735 Updated 8/7/07 Document #: 2639735 Updated 8/7/07 3 of 35 ACC's 2007 ANNUAL MEETING Enjoying the Ride on the Track to Success Protected Time Off – Time Off Allowed Protected Time Off – Time Off Allowed Jurisdiction Blood, Organ, Family Military Family Miscellaneous Violence Victim Crime Victim Legal Election Public Jury Duty Community Voting Jurisdiction Blood, Organ, Family Military Family Miscellaneous Violence Victim Crime Victim Legal Election Public Jury Duty Community Voting and/or Obligations/ Member Recovery Proceedings Proceedings Officer Official Emergency and/or Obligations/ Member Recovery Proceedings Proceedings Officer Official Emergency Bone Marrow School Volunteer Bone Marrow School Volunteer Donor Activities Donor Activities year, not to (Literacy related judicial (including Written exceed 8 hours Education) proceedings; Up off-duty notice within in any calendar to 12 workweeks time) 30 days of month Employee per 12-month nomination (School must notify period for any Activities) employer of a other qualifying Full-Time: problem and circumstances Time off for Reasonable request no more advance assistance Reasonable than two notice; advance notice, consecutive employer may when feasible; terms require documentation documentation confirming need Written from the day for time off when notice within care facility or an unscheduled 30 days of school absence occurs nomination Colorado n/a n/a n/a n/a Up to 3 working n/a n/a n/a n/a n/a n/a n/a Delaware n/a n/a n/a n/a n/a Amount of time n/a Amount of n/a n/a n/a n/a days in any 12- necessary to time necessary month period participate in to serve on qualifying election day Appropriate proceedings advance notice No notice and No notice requirements documentation requirements Connecticut n/a n/a n/a n/a n/a Amount of time n/a n/a Part-Time: n/a n/a n/a D.C. n/a 24 hours n/a 1 day, but only n/a n/a n/a n/a n/a n/a n/a n/a necessary to Amount of unpaid during if it doesn’t participate in time any 12-month disrupt qualifying necessary to period, but not business proceedings perform if it would (Emancipation legislative disrupt Day) No notice duties business requirements (School Must request Document #: 2639735 Updated 8/7/07 Document #: 2639735 Updated 8/7/07 4 of 35 ACC's 2007 ANNUAL MEETING Enjoying the Ride on the Track to Success Protected Time Off – Time Off Allowed Protected Time Off – Time Off Allowed Jurisdiction Blood, Organ, Family Military Family Miscellaneous Violence Victim Crime Victim Legal Election Public Jury Duty Community Voting Jurisdiction Blood, Organ, Family Military Family Miscellaneous Violence Victim Crime Victim Legal Election Public Jury Duty Community Voting and/or Obligations/ Member Recovery Proceedings Proceedings Officer Official Emergency and/or Obligations/ Member Recovery Proceedings Proceedings Officer Official Emergency Bone Marrow School Volunteer Bone Marrow School Volunteer Donor Activities Donor Activities Activities) time off at Idaho n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a least 10 Notification of calendar days Illinois 1 hour every Total of 8 Amount of time n/a Up to 12 n/a n/a n/a n/a Time required n/a n/a at least 10 in advance 56 days hours unpaid deployment workweeks to fulfill calendar days (Blood Donor) during any orders in effect if during any 12- his/her in advance, school year, all other leaves month period; in obligations except where Employee but no more (except sick and addition, take the pursuant to the the need for must request than 4 hours disability) amount of time summons; leave cannot time off and during any exhausted; Up to off necessary for employer may be reasonably obtain given day 30 days if 50+ criminal not require an foreseen approval from (School employees proceedings employee to employer Activities) work the Florida n/a n/a n/a n/a 3 days per 12- n/a n/a n/a n/a n/a n/a n/a At least 14 days 48 hours advance nightshift,
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