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It’s one thing to grasp individual Family and Medical Leave Act (FMLA) rules, but another thing entirely to apply them in the real world. This article series addresses some of the most confusing real world problems. Here we’ll focus on managing intermittent and reduced schedule leave.
by Michael J. Modl Your employee tells you that she has a disability that has resulted in limitations on her ability to perform certain job duties. She asks for a reasonable accommodation and even has a couple suggestions. What is your obligation to meet with her to discuss her limitations and possible accommodations? What happens […]
by Martin J. Regimbal The Americans with Disabilities Act (ADA) prohibits employers from, among other things, discriminating against employees because of their disabilities. Under the ADA, discrimination includes an employer’s failure to provide reasonable accommodations for the known physical or mental limitations of employees.
by Kevin C. McCormick In a recent decision, the U.S. Court of Appeals for the 2nd Circuit found that the employees who worked concessions at Oriole Park at Camden Yards were not entitled to overtime compensation under the Fair Labor Standards Act (FLSA) because a concessionaire is an “amusement or recreational establishment” exempt from the […]
The question of whether the Americans with Disabilities Act (ADA) requires noncompetitive transfers as an accommodation has long divided the federal courts of appeal. And until the U.S. Supreme Court answers the question, employers are left with a mix of conflicting court rulings and federal guidance.
By John Herrington The requirements imposed by the Family and Medical Leave Act (FMLA) often present administrative difficulties for HR personnel. Indeed, the FMLA gives employees who request and take leave plenty of advantages and provides significant penalties for employers that fail to comply with their obligations under the Act.
Employees may bring two types of Family and Medical Leave Act (FMLA)-related claims against their employers: first, interference with their rights under the FMLA, and, second, retaliation against them for requesting time off under the FMLA, exercising rights under it, or making a claim.
by Dinita L. James, Gonzalez Law, LLC It isn’t the best time for Sullivan Motor Co., a Mesa used-car dealership, to end up before the Arizona Civil Rights Division (ACRD) of the Arizona Attorney General’s (AG) Office on a charge that its treatment of a former salesman with terminal cancer violated the Arizona Civil Rights […]
by John S. Gannon Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. However, problems arise when an employer disagrees with the physician who certifies the employee as […]
Employers do not have to ignore misconduct discovered during—or even because of—an employee’s medical leave, the 3rd U.S. Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—has ruled, joining several other circuits.