PO Box 89310

Sioux Falls, SD 57109



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Interplay Among FMLA,

Workers' Compensation and State Laws

Navigating the interplay among FMLA, State Laws and workers' compensation is a complicated area of intersection that causes human resources and other company managers quite the dilemma. In this session, we will cover the framework and statutes, the basic requirements, and how and what leave is provided. In addition, we will explore how the laws overlap, light duty assignments, return to work, reasonable accomodation and documentation.

Jennifer S. Frank, Esq.

Attorney - Lynn, Jackson, Shultz & Lebrun PC


Jennifer Suich Frank is a seasoned employment attorney with over 20 years experience advising clients on a variety of employment, labor and benefit issues.

She routinely advises human resources professionals and company leaders on issues involving discrimination, disability, and ADA, FMLA issues, wage and hour, compliance, handbooks and policies, privacy, hiring, non-competes, discipline and termination. Jennifer also responds to charges of discrimination, complaints with federal and state agencies, and handles employment-related litigation. In-addition she conducts neutral workplace investigations for all types of organizations.

In her career, Jennifer has written hundreds of responses to administrative charges of discrimination on behalf of employers with great success. She has also represented clients at various agency (such as the EEOC) interviews and conciliation settlement conferences. She has been called on to draft and revise employment policies and procedures as well as advise on reduction in force matters, including preparing severance and separation agreements. A sought after speaker, Jennifer provides regular training and presentations on discrimination, harassment, bullying, diversity, culture, disability/ADA and FMLA topics. In addition, she conducts neutral workplace investigations for all types of organizations.

Prior to joining Lynn Jackson, she worked for eight years as a senior associate general counsel for a large Minnesota-based healthcare system consisting of more than 26,000 employees, 90+ clinics, 13 hospitals, 16 pharmacies and other specialty medical services.

Jennifer also spent ten years at a large Minnesota law firm where she was a partner in their employment and executive compensation practice group. As well, her background includes working for companies in a variety of human resources and benefits positions in Pennsylvania and Washington D.C. prior to law school.

Jennifer is licensed to practice in South Dakota and Minnesota and is a member of the South Dakota Bar Association. She is also an editor of the South Dakota Employment Law Letter, published by Business & Legal Resources.

Tracye L. Sherrill, Esq.

Attorney - Lynn, Jackson, Shultz & Lebrun PC


Tracye joined firm as an associate in August 2015.

Originally from Virginia, Tracye served her country for thirty years in the United States Navy, retiring in 2011 as a Command Master Chief (E-9).  During her career in the Navy, Tracye served in Operation Desert Sheild/Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom.  She was recognized by the President of the United States several times, including recognition for her leadership during a challenging seven-month deployment in support of Operations Enduring Freedom and Iraqi Freedom.

Tracye went on to study law at the University of South Dakota School of Law, where she was a staff writer for the South Dakota Law Review, Volume 60, and recipient of the 2013 Judge Lawrence Piersol Scholarship.  Tracye was also a successful member of the Trial Advocacy Team.  Tracye and her Trail Advocacy Team was awarded the “Most Professional Team Award” at the 2015 ABA’s National Ethics Trial.  Tracye went on to graduate with honors from law school in 2015. 

Seeking to utilize her medical and human resources background, Tracye has focused her practice around workers’ compensation, insurance defense, personal injury, and a variety of issues pertaining to employment law. 

Tracye was selected as a 2018 Great Plains Rising Star for workers’ compensation, insurance defense, employment and labor, and personal injury-defense.  The Rising Stars recognizes no more than 2.5% of the young attorneys in each state.  Tracye was also a presenter at the 2018 Workers’ Comp Summit.