It is a common dilemma for employers: An employee requests a leave of absence for several months, fails to return at the end of the leave, and asks for a lengthy extension. Under what circumstances may the employer deny the extension and terminate the employee’s employment? A recent decision from the U.S. Court of Appeals […]
Category: ADA & Disabilities
The Americans with Disabilities Act protects qualified disabled employees from discrimination. HR Daily Advisor gives you the background you need on who’s covered, what constitutes a “reasonable accommodation”, issues involving health insurance and medical leave, tax incentives for employers, and more.
An employee or applicant who is disabled (or who qualifies as disabled) has the right to the legal protections granted under the Americans with Disabilities Act (ADA). But does that right extend to the right to take leave related to the individual’s disability?
A new ruling from the Massachusetts Supreme Judicial Court should be a warning to employers in the state that refuse to tolerate medical marijuana use by employees with a disability.
Part one of this article touched on the various laws surrounding pregnancy accommodations, with a specific focus on the new, upcoming laws in Nevada and Washington. This article will focus on the upcoming law in Vermont, as well as probable new laws for Connecticut and Massachusetts.
This year at least five states (Connecticut, Massachusetts, Nevada, Vermont, and Washington,) have considered new pregnancy accommodation laws, and several of these are now on the books. If you have operations or workers in these states, you may have new notice and accommodation requirements.
The 2nd Circuit—which covers Connecticut, New York, and Vermont—recently heard claims that a pharmacy violated the Americans with Disabilities Act (ADA) when it fired a pharmacist, whose fear of needles prevented him from administering immunizations. Did the pharmacist have a claim for disability discrimination?
The U.S. Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims.
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought by an automaker’s employee under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Question: We have an employee who is getting a service animal and wants to know our policy on it. What can we ask in terms of why he needs the animal? What rights do we have in terms of allowing the dog on the job site? We operate heavy equipment at the job site and […]
We tend to take some things for granted. Well, actually, a lot of things. Here’s one: the presumption of at-will status in Texas. Yes, all employees are presumed to be employed at will, but don’t forget that a presumption is rebuttable. The court of appeals in Dallas recently provided a reminder.