Disability Law and Policy in the Modern Era: An In-Depth Look at the Evolution of Employee Leave of Absence and Disability Claims in the Workplace

Employer-sponsored leave and disability programs have evolved into an elaborate portfolio of time-away options for employees. Rife with regulatory complexity, these public and private programs have grown tremendously over the last 30 years. Once a relatively small part of the employee experience, these programs have become integral components of any benefits package.

From paid leave programs to unpaid leave mandates, this treatise will examine both the traditional leave options and emerging benefit programs stemming from a rapidly changing, multigenerational labor force. A patchwork of state laws combined with existing federal law has created havoc for employers seeking to remain compliant, mitigate risk, and deploy employee-centric programs focused on meeting the needs of their workforce. As the leave and disability landscape has evolved, so too has the absence management industry that has undergone massive growth to support the employer space with claims administration, compliance, and strategy.

Lastly, leave, disability, and accommodation requests were significantly impacted by COVID-19. Employers were forced to navigate new questions around eligibility and claims administration, while regulators hurried to release sporadic guidance in efforts to stay ahead of what was undoubtedly an unprecedented period of uncertainty and risk. Disability Law and Policy in the Modern Era will examine how leave, disability, and accommodation programs were impacted by COVID-19, as well as the very real issues and considerations facing employees and employers alike.