Practical HR Tips, News & Advice. Updated Daily.
In this article series comparing and contrasting various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), we have covered exceptions to both laws such as disqualifying events, undue hardship (ADA only) and certain situations regarding substance abuse.
We have a warehouse employee who has exhausted all of her FMLA for this calendar year. She was released to return full time with a light duty restriction of only being able to lift 10 pounds. We have not had enough work to give her due to the restriction so she’s only been working 20 […]
How is employee substance abuse handled under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Is alcoholism protected under both laws? What about illegal drug use?
By Susan Schoenfeld, JD The holidays are filled with cheer and oftentimes, many days of holiday leave. So what happens when FMLA leave and the holidays coincide? Does FMLA leave “count” during a work holiday?
By Shelley I. Ericsson, JD The purpose of the FMLA is to allow an employee to manage a serious health condition (his own, a spouse’s, or a family member’s) without fear of losing his job. An employer cannot interfere with an employee’s FMLA rights or take action that appears to be penalizing the employee for […]
The term “undue hardship” refers to unreasonable or excessive expense or inconvenience that would be necessary on the part of an employer to accommodate an employee. Undue hardship is an exception to the employer’s obligation to provide reasonable accommodation.
We have an exempt employee going out on FMLA for about 7 weeks. The employee currently has remote access and can work from home. Are we violating FMLA if we allow this exempt employee to have access to emails and his virtual desktop or should we get a doctor’s release that says the employee can […]
By Jessica Arnold, JD The 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently affirmed the dismissal of a former employee’s retaliation claim under the Family and Medical Leave Act (FMLA), finding the employer’s approval of his request for intermittent leave at the time of his discharge was insufficient to establish a causal connection between […]
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 […]