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Under the “escalator principle” of the Uniformed Services Employment and Reemployment Rights Act of 1994, employers must consider workers returning from military service for discretionary promotions they might otherwise have received — not just automatic promotions, according to the recent decision of the 1st U.S. Circuit Court of Appeals that overturned a ruling by the […]
True, the Americans with Disabilities Act (ADA) does not require job descriptions. But … without them, it’s going to be very difficult to establish essential functions when you face discrimination charges from an applicant with a disability. If you do have job descriptions, the Equal Employment Opportunity Commission (EEOC) has said that it will review […]
In California, employers have to juggle both FMLA and CFRA laws, and both allow protected leave on an intermittent basis. Intermittent leave is perhaps the most difficult aspect of FMLA/CFRA leaves because it presents operational and scheduling issues and inconveniences that can be frustrating for employers. Understanding intermittent leave and what can be done to minimize these frustrations and scheduling issues can go a long way toward easing the implementation of FMLA/CFRA leaves.
Misguided assumptions about accommodation of mental disabilities—held by your managers and supervisors—create legal landmines in the courtroom, says Attorney Patricia Eyres. In today’s Advisor, she shares the seven worst myths. HR needs to be alert to the attitudes of supervisors and coworkers, says Eyres, who is managing partner of the Eyres Law Group LLP in […]
Yesterday attorney David Schmit, founder of Schmit Law in Oakland, addressed some common (yet vexing) return-to-work questions. Today, his thoughts on a few more—plus an introduction to a workers’ comp webinar you won’t want to miss.
An employee’s refusal to provide acceptable return-to-work documentation after a medical leave of absence may be viewed as a voluntary resignation, even if that individual has a disability as defined under the Americans with Disabilities Act. This assertion helped the 11th U.S. Circuit Court of Appeals affirm a lower federal court’s summary judgment in favor […]
An employee with cancer will be covered as a disabled employee as defined by the ADA, and as such, employers need to understand what types of accommodations might be appropriate for an employee with cancer who is returning to work.
Combating FMLA abuse can be frustrating, but there are some straightforward actions employers can take to limit abuse before it happens. It all starts with proper administration of FMLA leave, including the use of medical certifications and recertifications as allowed within the FMLA regulations. These tools not only provide clarity for FMLA leave eligibility, but […]
Effland, a shareholder at the Indianapolis office of Ogletree Deakins PC, says that USERRA (Uniformed Services Employment and Reemployment Rights Act) offers two essential rights, the right to take leave, and the right to return. The basics of the law are: Coverage: Virtually all employers, regardless of the number of employees. Eligibility: Virtually all employees […]
Today’s Advisor is adapted from the Ask the Trainer feature on BLR’s hr.blr.com. The training question is, “How can trainers ensure the success of a diversity training program?” Here is how our training expert responded: Paul Lawrence Vann, a motivational speaker, author, and trainer, recommends providing diversity training to all employees—from top management to rank-and-file […]