Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]
Tag: attendance policy
The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it was withheld. The employer’s motives are irrelevant when determining whether interference occurred. Of course, the […]
As employees return to the workplace from remote locations and give up the ability to take a break and walk the dog whenever they want, many are demanding more flexible work schedules. Here are some tips that may help.
Employee attendance problems are probably the most common reason for disciplinary action and discharge. Yet many employers pay surprisingly little attention to their attendance policies.
by Brent E. Siler Litigation under the Americans with Disabilities Act (ADA) has been on the rise in recent years and will likely continue to increase. One area of ADA compliance fueling the increase is the duty to reasonably accommodate employees’ disabilities. While most employers are aware they have a duty to accommodate the disabilities […]
Employment policies: Do they keep organizations running smoothly? Or are they trouble waiting to happen? The answer to both questions is: sometimes. Human resources professionals spend a lot of time working on policies they hope will lead to productive, fair workplaces. Often, though, policies can cause more problems than they solve. Adding to the dilemma, […]
by Susan Fahey Desmond You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been […]
Some gay rights advocates are calling for “A Day Without a Gay” protest and boycott across the United States on Wednesday, December 10, to show opposition to California’s Proposition 8 and to show the power of the gay and lesbian community. Organizers are encouraging people to strike by “calling in gay” to work, taking the […]
by Kara Shea The following case provides some hope for employers that find themselves continually dealing with suspicious leave requests under the Family and Medical Leave Act (FMLA). It shows that you don’t have to accept a medical certification form at face value. HR Guide to Employment Law: A practical compliance reference manual covering 14 […]