Hearing the growing calls to provide clear guidance on the extent to which employers can require their employees to obtain the COVID-19 vaccine, the EEOC has updated its Technical Assistance guide “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” on the subject of the COVID-19 vaccine.
Jeff Nowak
Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing management. Jeff represents employers in all areas of labor and employment law, but his passion is the FMLA -- he eats, drinks and sleeps all things FMLA!
Access the Recording of our Webinar: Navigating Difficult FMLA and ADA Issues in the Middle of a Pandemic
Thanks to those who attended my webinar last week with Matt Morris on “Navigating Difficult FMLA and ADA Issues in the Middle of a Pandemic.” You still can access the recording here (a short registration is required), and the presentation PowerPoint slides can be downloaded here (pdf).
To the nearly 11,000 people who…
Can an Employer Lawfully Deny a Bonus to an Employee Who Takes FMLA or FFCRA Leave?
It’s year end. And although the pandemic has taken a sledgehammer to business profits across the country, some employers are set to issue year end bonuses. In fact, a fair number of employers are set to award bonuses to employees in recognition of their commitment to customers and clients during the pandemic.
Perhaps you offered…
Can Employers Require that Employees Receive a COVID-19 Vaccine Before Returning to Work?
First came Pfizer. Then Moderna.
The COVID-19 vaccine is coming.
By the time you read this article, even more COVID-19 vaccines may very well be in the mix. But is a COVID-19 vaccine the antidote that brings much needed relief to workplaces across America?
Naturally, employers want to know: as employees return to work (whether…
Free Webinar: Navigating Difficult FMLA and ADA Issues in the Middle of a Pandemic

Nothing ushers in the holidays like a COVID-related FMLA webinar.
Join me for my annual FMLA webinar, which comes to you, as always, free of charge!
When: Wednesday, December 9, 2020 (12:00 – 1:30 p.m. central time)
Online registration: Click here
The COVID-19 pandemic has left an indelible impact on the workplace, causing…
Will Congress Extend FFCRA Paid Sick and Paid FMLA Leave into 2021?
As we enter the home stretch of 2020 [thank God!], clients are increasingly asking me: Will FFCRA be extended into 2021?
When Congress passed the Families First Coronavirus Response Act (FFCRA) in March, it set the Act to expire on December 31, 2020.
Wishful thinking at the time, wasn’t it? With the end…
When Your Employee Cries Uncontrollably at Work, Is the Cry a Request for FMLA Leave?
This one is no laughing matter. Actually, it’s downright sad.
A few years ago, I reported on an employee at an Illinois school who was able to raise an FMLA claim when her supervisor ignored her many pleas for help as she struggled with mental health issues.
Fast forward a few years: a jury…
After FMLA Ends, When Can an Employer Safely Terminate an Employee?
In the middle of a global pandemic, employers still grapple every day with the age-old question: When an employee exhausts FMLA leave and cannot return to work, does the law require the employer to provide the employee additional leave? Question 1A surely is close behind: can the employee safely be terminated at that point? Without…
What is One Leave-Related Question I Would Ask Each of the Presidential Candidates?
This week, President Trump and former Vice President Joe Biden will meet for the first of several presidential debates leading up to the November 3 general election. Several of my blogging colleagues and I have identified THE debate question we would ask each of the candidates if we had had the chance.
Channeling my inner…
DOL Revises FFCRA Regulations to Clarify Paid Leave Rules in Wake of New York Federal Court’s Decision
On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a federal court’s decision that invalidated a handful of regulatory provisions interpreting the FFCRA. Although the DOL was widely expected to address the court decision through revised regulations and/or court action, these new…