Tag: disability leave

Sexual Orientation

Is Sexual Orientation Protected by Federal Law?

The U.S. 1st Circuit Court of Appeals—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—recently upheld a six-figure jury award for a firefighter’s “sex-plus” discrimination claim, ruling that federal antidiscrimination law extends protections to gay and lesbian workers in cases where they claim discrimination based on both their gender and sexual orientation.


Are Employers Required to Provide Disability Leave?

An employee or applicant who is disabled (or who qualifies as disabled) has the right to the legal protections granted under the Americans with Disabilities Act (ADA). But does that right extend to the right to take leave related to the individual’s disability?


Ask the Expert: Should Paid Disability for Maternity Leave Be Extended to Men?

Question: We have many offices throughout the United States. Several states offer short-term disability (STD) programs for maternity leave after the birth of the child. Some do not. If we were to offer a company paid equivalent in the states which do not offer a STD for this time period, would it be a discriminatory […]


Ask the Expert: New Overtime Rule Threshold & Employees on Unpaid Leave

I understand that the final rule requires compliance on a weekly basis to ensure exempt employees are paid at least $913 per week. How is this impacted by exempt employees on unpaid leave or short-term disability with reduced earnings (i.e. 60% of base pay)? I would imagine that we wouldn’t be required to adjust their […]


COBRA Extension Notice Needed Despite Awareness of Disability

Group health plan terms clearly explained that the plan administrator had to be notified of a disability determination within 60 days in order to trigger an 11-month COBRA extension; therefore, the plan administrator was justified in denying the extension when notice was received five months after the determination was issued, a federal district court in […]


Indefinite protection for federal employee disabled by work-related injury

by Nicola Sutton When the employment relationship becomes impossible to perform because of a factor outside the control of a Canadian employer or employee, the employee’s employment can be terminated by virtue of frustration of contract. When an employee won’t be able to return to work because of injury or illness, the same applies. But […]


When Handing Out Severance Pay, Don’t Forget Employees on Leave

If an employer grants severance pay to laid-off employees, it must also pay those who were on leave for disabilities at the time of the layoff. A California auto plant failed to do so and has now agreed to pay into a $6 million settlement fund (along with Toyota) to settle an Americans With Disabilities Act […]