Practical HR Tips, News & Advice. Updated Daily.
Usually, an employee bears responsibility for informing her employer that she requires a workplace accommodation. But sometimes, when an employer is aware that the worker needs assistance, it must accommodate even if the employee never asks for help.
When an employee requests time off, it may seem like a great solution to offer a telework arrangement instead. And sometimes, that may be allowed, according to a new report.
by Zachary Morahan and Shannon Kane, Coughlin & Gerhart, LLP To be eligible for Social Security disability (SSD) benefits, an individual must be unable to perform “past relevant work.” To be eligible to sue for disability discrimination under the Americans with Disabilities Act (ADA, an individual must be able to perform the essential functions of […]
We recently looked at some issues that arise when the Americans with Disabilities Act (ADA) and leave laws overlap (see ADA Leave Issues: Attendance Bonuses, COBRA, and More). Today, we’ll address some common misconceptions about the law.
By Jennifer Asbrock, JD, Frost Brown Todd LLC It’s no secret that employment lawyers avoid suing Kentucky employers in federal court because of the “employee-friendly” dismissal standard in state court. Employees assert discrimination claims under the (KCRA) rather than federal law in an attempt to avoid federal court. However, that strategy comes with a price […]
By Kate McGovern Tornone, Editor The Americans with Disabilities Act (ADA) permits an employer to require a firm expected return-to-work date when granting leave as an accommodation.
While the Zika virus is not yet widespread across the United States, it has arrived stateside and will likely spread. This gives employers the opportunity to prepare now to reduce the chances of this virus becoming a threat for employees.
By Kelly Smith-Haley, Fox Swibel Levin & Carrol LLP A recent case is a useful reminder that employers may in some circumstances require an employee seeking an accommodation or seeking to return to work following a leave to provide supporting medical evidence. But understanding all of the nuances of when employers can and can’t ask […]
By Beth Kahn and Sigalit Shoghi, Morris Polich & Purdy LLP The California Court of Appeal has sent employers a message to be vigilant in following their policies and attentive to employees who request time off for medical conditions. A recent ruling against the University of California at San Diego (UCSD) made clear that an […]
By Kate McGovern Tornone, Editor An employer does not have to provide indefinite intermittent leave to an employee as a reasonable accommodation, the 6th U.S. Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has ruled.