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What employee actions (or inactions) are considered disqualifying events under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? A disqualifying event is generally defined as a failure or refusal to provide necessary information. Here are the specific circumstances under the ADA and FMLA.
By Valeria Gomez, JD It’s no secret that the Family and Medical Leave Act (FMLA) provides leave benefits only for employees who fit the strict eligibility requirements set forth in the statute. Recently, however, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—ruled that an employer may not be […]
By Susan Schoenfeld, JD In March 2015, the U.S. Supreme Court’s decision in the case of Young v. UPS prompted some changes in how the Pregnancy Discrimination Act (PDA) will be applied and interpreted by the EEOC.
By Susan Schoenfeld, JD Does a family medical leave of absence under FMLA laws protect an employee’s leave for the flu? How about a serious cold? Leave of absence laws were established to protect employees with serious health conditions, but what measures up?
By Kelly Smith-Haley, JD “A used car sales manager walks into a hospital.” No, that’s not the start of a joke. It’s the start of Terry Baier’s claim against his former employer, Rohr-Mont Motors, for violation of the Family and Medical Leave Act (FMLA). This recent case from the federal district court in Illinois reminds […]
By Peyton S. Irby, Jr., JD A recent case from the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—involved multiple claims by a pregnant employee.
Both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) often apply to employees who are seriously ill or injured. When this happens, employers may be required to grant leave and to accommodate the employee under both the FMLA and the ADA. This article series examines similarities and differences between […]
We have an employee who has been using intermittent leave to care for a child with a medical condition. She will run out of FMLA soon, yet her son’s situation is still the same/will require her to take time off. She is a good, dependable employee. What are our options to further help or accommodate her […]
By Susan Schoenfeld, JD In technology, innovation is the key to economic survival. So it is not surprising that, recently, two tech industry giants announced innovation in paid leave benefits for their employees as a means of attracting and retaining top talent.
Closing down a plant or laying off employees is a big decision for an organization, and it directly impacts the lives of all of the employees involved. Giving employees ample notice of such a transition is the idea behind the Worker Adjustment and Retraining Notification (WARN) Act.