ADA Allows Employers to Require Firm End Date for Leave
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.
Tag: ADA
Is Employee Totally Disabled or Not? U.S. Appeals Court Must Decide
By Kate McGovern Tornone, Editor A recent ruling by the 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has found that an employee who cannot explain discrepancies between her Americans with Disabilities Act (ADA) accommodation request and her Social Security Disability Insurance (SSDI) application cannot bring a disability discrimination claim against her employer.
What If a Leave of Absence Reveals That an Employee Is Nonessential?
By Kate McGovern Tornone, Editor What happens when an employee is out on job-protected leave and you realize that everything keeps moving along just fine without her? Or that her duties shouldn’t really take 40 hours per week?
Did Employer Fail to Accommodate Injured Employee?
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 […]
California Court Reminds Employers to Follow Their Own Policies
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 […]
Is Extra FMLA Leave an ADA Accommodation?
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation […]
Indefinite Intermittent Leave Not A ‘Reasonable’ Accommodation, Says U.S. Appeals Court
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.
Ask the Expert: Can We Terminate an Employee on Short-Term Disability?
We have an employee that was in a minor car accident last month and has used up all of her paid time off (PTO). She is working on the paperwork for short-term disability (STD) as she has filled her elimination period. She will not show the employer the application. Is she obligated to if the […]
Employer Pays $55K for Failing to Accommodate Pregnant Employee
By Kate McGovern Tornone, Editor An employer will pay $55,000 for failing to accommodate a pregnant employee’s lifting restrictions, the U.S. Equal Employment Opportunity Commission has announced.
Was Pregnant Employee with Lifting Restrictions Entitled to Accommodations?
During training on disability issues, supervisors and managers need to understand that employers often are required to provide an accommodation to an employee who requests one. However, as a recent case demonstrates, there are exceptions. What happened