Tag: disability

FMLA

Coordinating FMLA with the Americans with Disabilities Act, Part 1

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

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FMLA: California Employer Put Up with Performance, Attendance Issues Long Enough

Recently, a California employee sued her employer, claiming, among other things, that it discriminated against her because of her disability and failed to engage in the interactive process with her. The trial court dismissed her claims, and she appealed. This case exemplifies how an employer’s patience in providing reasonable accommodations pays off.

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What 2017 Holds for Disability and Absence Management

2017 is a year of uncertainty for the HR sector. Absence and disability management professionals are no different. A new president and Congress are sure to institute laws and regulations that make changes great and small. At the same time, states and localities continue to make their own legal and regulatory changes, especially around paid leave.

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California Employee’s Inability to Return to Work Dooms Disability Case

by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]

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