Can you get sued over improper leave administration? The short answer is yes, but it usually requires either mistreatment, discrimination, or a perception of such.
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.
Workers’ compensation laws have come about as a way to establish a means of compensation for injured employees while simultaneously reducing the amount of litigation against employers when employees are injured on the job. The workers’ compensation laws are administered on the state level, and the federal government has its own separate program. Workers’ compensation laws exist in all U.S. states and cover most employers, but most states have exclusions and limits that exclude some smaller employers. Check your local laws for details.
In yesterday’s Advisor, Attorney Matthew Effland outlined the basic requirements of USERRA (Uniformed Services Employment and Reemployment Rights Act); today, two USERRA case studies plus an introduction to the guide many call the “FMLA Bible.”
An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to reasonable accommodation and other protections afforded by the ADA. Reasonable accommodations might include things like a change in scheduling, altering the way certain non-essential job duties are performed, or reassignment to a vacant position.