Tag: Medical Leave


7th Circuit Reins in Medical Leave as ADA Accommodation

Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability.  How much leave is required?  Is it ever okay to terminate an employee who requests leave?  In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]

I Need to UNdesignate Some FMLA Leave; Is That OK?

What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]

Best Defense Against Leave Fraud? Continuous Performance

Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]

EEOC sends employers strong signals on medical leave

by Troy D. Thompson Over the last several months, the Equal Employment Opportunity Commission (EEOC) has filed a significant number of lawsuits alleging disability discrimination under the Americans with Disabilities Act (ADA) against employers across the country. The cases are instructive because they highlight the EEOC’s current enforcement policies, identify common areas of risk under […]

Alcohol and drugs in the workplace: What to do if you suspect substance abuse

Employers have an obligation to ensure employees are not using alcohol and drugs in the workplace because it could affect the safety of the whole team. There is latitude to discipline employees if alcohol or drugs are being used, but employers need to proceed with caution to handle the situation appropriately if substance abuse is suspected.