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When is intermittent leave permitted under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Under what circumstances—if any—is use of intermittent leave prohibited?
By Kelly Smith-Haley, JD Under the Americans with Disabilities Act (ADA), employers may be required to offer reasonable accommodations to qualified employees. A recent opinion from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—reminds employers that when it comes to providing a reasonable accommodation, it doesn’t have to result in highway […]
You must be careful when you craft and enforce policies addressing prolonged absences. Even when an employee has exhausted her statutorily protected leave, you should consider offering additional leave as a reasonable accommodation unless you can demonstrate that you would suffer an undue hardship because of the continuing absence.
Question: If we are providing a reduced work schedule as an accommodation under the ADA for an exempt salaried person, may we reduce their pay based on hours worked?
We employ less than 20 employees. We have one employee who frequently calls in or has to leave due to “panic attacks.” She has been late for work over 30 times and has called in sick 7 times in the past 6 months. She has indicated that she is on medication. She has also been […]
The term “undue hardship” refers to unreasonable or excessive expense or inconvenience that would be necessary on the part of an employer to accommodate an employee. Undue hardship is an exception to the employer’s obligation to provide reasonable accommodation.
We have an employee who has been using intermittent leave to care for a child with a medical condition. She will run out of FMLA soon, yet her son’s situation is still the same/will require her to take time off. She is a good, dependable employee. What are our options to further help or accommodate her […]
This article series examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Here we take a look at when requests for medical certification are allowed under both laws.
This article series examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Here we take a look at employee notice requirements under both laws.
An employee is claiming that they are unable to perform an essential function of their job due to infertility treatments and may potentially need to miss work as a result. How should this be treated under FMLA, ADA, and/or the Pregnancy Discrimination Act (PDA)?