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?
Tag: disability leave
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.
Question: We have many offices throughout the United States. Several states offer short-term disability (STD) programs for maternity leave after the birth of the child. Some do not. If we were to offer a company paid equivalent in the states which do not offer a STD for this time period, would it be a discriminatory […]
Can we require an employee to exhaust PTO while on FMLA?
I understand that the final rule requires compliance on a weekly basis to ensure exempt employees are paid at least $913 per week. How is this impacted by exempt employees on unpaid leave or short-term disability with reduced earnings (i.e. 60% of base pay)? I would imagine that we wouldn’t be required to adjust their […]
We have less than 25 employees at our company. A salesperson is going out on maternity leave. This is going to put a burden on us. – If she is out for say 6 weeks and she returns, do we have to give her the same job back or an equivalent job? What if we […]
Group health plan terms clearly explained that the plan administrator had to be notified of a disability determination within 60 days in order to trigger an 11-month COBRA extension; therefore, the plan administrator was justified in denying the extension when notice was received five months after the determination was issued, a federal district court in […]
by Nicola Sutton When the employment relationship becomes impossible to perform because of a factor outside the control of a Canadian employer or employee, the employee’s employment can be terminated by virtue of frustration of contract. When an employee won’t be able to return to work because of injury or illness, the same applies. But […]
If an employer grants severance pay to laid-off employees, it must also pay those who were on leave for disabilities at the time of the layoff. A California auto plant failed to do so and has now agreed to pay into a $6 million settlement fund (along with Toyota) to settle an Americans With Disabilities Act […]
By Mark Colavecchia The duty to accommodate is one of the most difficult issues Canadian employers regularly face. While courts across the country have attempted to define the scope of an employer’s legal obligations with a workable degree of certainty, the practical application of the duty to accommodate remains complex and problematic. The issue is […]