Tag: ADA

Guidance on Developing Effective Training Sessions

The training information in this issue is adapted from BLR’s audio presentation, Training the Trainer. Guidance Trainees can work with this exercise to begin to plan an actual training session. The trainer of the “train the trainer” session should stress to trainees that the plans they make are not set in stone; however, the exercise […]

6th Circuit: Short-Term Disability Claim Trumps FMLA Certification Request

A recent appeals court ruling indicates that an employer may wait and see if short-term disability benefits are granted or denied to the employee on leave before it sends a request for medical certification that verifies the employee’s eligibility under the Family and Medical Leave Act. In Kinds v. Ohio Bell Telephone Company, No. 12-4048 […]

8 Steps to Stopping Intermittent/Reduced Leave Abuse

Alexis, who offered his intermittent leave tips during BLR’s Advanced Employment Issues Symposium, held recently in Las Vegas, is with the Kinaga Law Firm in Los Angeles. 1. Insist on Complete Certs Make sure the medical certification is fully completed, urges Alexis. As the employer, you are entitled to a complete and sufficient certification document. […]

The 4 Ways to Challenge FMLA Certs

Alexis, who offered his intermittent leave tips during the recent Advanced Employment Issues Symposium in Las Vegas, is with the Kinaga Law Firm in Los Angeles. The certification process is set up to allow you to get the facts that establish the medical necessity or qualifying exigency that qualify employees for leave. If you doubt […]

When is a Chronic Illness a Disability?

An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to […]

Marking Anniversary, Feds Call ADA Amendments ‘a Promising Start’

Federal courts are off to “a promising start” in issuing rulings under the ADA Amendments Act according to the National Council on Disability, an independent federal agency. NCD says that recent rulings are a substantial improvement over pre-amendments decisions in achieving the broad scope of coverage that Congress intended. That finding is part of an […]

Beachboard Debunks 13 Urban Legends of HR

Beachboard made his remarks at SHRM’s Annual Conference and Exhibition, held recently in Chicago. He is a shareholder in the Los Angeles and Torrance, California, offices of law firm Ogletree Deakins. Urban Legend #1  Assistants and secretaries need to have BlackBerries to better support those they work for—and they understand that (and don’t expect to […]

AMA says obesity is a disease: What does this mean for you?

by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]

FMLA Absences Up, Some Industries Hit Harder Than Others

While leave under the Family and Medical Leave Act can be troublesome for any employer, it is particularly disruptive for manufacturers, call centers and health care organizations whose operations depend on fixed schedules, according to a recent ComPsych Corporation white paper. FMLA absences are on the rise, says FMLA Source, a ComPsych company, and some […]

Q&A on the Intersection of ADA and OSHA

Employers have an obligation to keep employees safe. They also have an obligation to meet all other legal requirements while doing so. This statement seems simple enough, but it can become complex in a hurry. For example, is an employer potentially violating the ADA by forcing employees to undergo medical screenings that may uncover safety […]