This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For years, Sam has suffered from “cluster headaches,” which are far worse than migraines and can last for days. Sam’s physician … Continue Reading
Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard. We spent much of our time discussing the delicate topic of light duty and how it intersects with — and creates employer obligations under — both the … Continue Reading
Earlier this week, the EEOC issued new enforcement guidance on pregnancy discrimination, warning employers of their obligation to provide pregnant employees reasonable accommodations in the workplace and giving employers insight into how the EEOC will enforce pregnancy-related issues under Pregnancy Discrimination Act (PDA) in the future. As expected, the guidance confirms that the EEOC will broadly interpret when … Continue Reading
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Ena’s physician restricted the number hours she could work as a result of … Continue Reading
When it comes to leave as a reasonable accommodation after FMLA leave is exhausted, employers have been conditioned to simply believe: inflexible leave policies bad, flexible leave policies good. In fact, many of us have become so good at this conditioning it would make Ivan Pavlov proud [you know, the guy who conditioned his dog to … Continue Reading
On a number of occasions, we have discussed whether an employer can keep an employee out on FMLA leave even though they want to return, or whether an employer can require an employee to undergo a full medical examination before returning from FMLA leave. This scenario often arises where the employer has concerns about whether … Continue Reading
Last week, I had the pleasure of co-presenting with EEOC Commissioner Chai Feldblum on the topic of “leave” as a reasonable accommodation under the ADA. Our presentation was part of an FMLA/ADA compliance conference hosted by the Disability Management Employer Coalition. You can access BNA’s coverage of our presentation here (pdf). Naturally, Cmmr. Feldblum and I … Continue Reading
No matter what position the EEOC might take, I’ll always take the position that an employee’s regular, reliable attendance is an essential function of the job. So, when an employee wants to arrive at work at any time, without any repercussions, it’s not a reasonable accommodation under the ADA. And I have a recent court … Continue Reading
Let me share a story about UPS, although in the end, this story has nothing to do with UPS. For about the past 10 years, UPS has maintained a policy of terminating any employees who are unable to return to work after 12 months of leave. This policy has disproportionately impacted employees whose medical … Continue Reading
Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. She has provided documentation that a severe medical condition in her kidneys causes this predicament. Do we have to allow this? And … Continue Reading
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? What law applies and what are the obligations for an employer in this situation? Despite the uncertainty of what additional leave … Continue Reading
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to return to work after exhausting FMLA leave. (Depending on what the EEOC says in that eventual guidance, however, … Continue Reading
Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? Take this situation I counseled a client through a few months back: one of their employees texted a suicide note — to about 40 of his co-workers. Not surprisingly, it turned the workplace … Continue Reading
Reports on the street indicate that people literally are lining up and begging for the last seat for a complimentary FMLA webinar I am hosting this Thursday, December 6. (See right.) The good thing is that, as subscribers to our blog, you and your colleagues still can sign up. (See details below.) I hope you can … Continue Reading
I’ll admit it: I am longoverdue to host an FMLA webinar for employers. Wait no more! I have partnered with two fabulous attorneys — Matt Morris of FMLASource and Tamika Lynch of Siemens Industry — to hit head on a number of FMLA juggernauts that all of us face everyday. Please join us on December … Continue Reading
Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy. Natural disasters like Sandy raise a host of issues for employers: how do you pay your employees during during suspended operations? Whether and … Continue Reading
In light of the EEOC’s litigation over automatic termination provisions under the ADA (we’ve beaten you over the head with it here and here), employers generally feel as though they have no clue as to their legal obligations when it comes to providing a leave of absence as a reasonable accommodation under the ADA after an employee’s 12 weeks … Continue Reading
The scenario is all too common: An employee takes and exhausts 12 weeks of FMLA leave and still cannot return to work. At this point, the employer is left with a dilemma — does it terminate employment because the employee cannot immediately return to work, or does it consider approving more leave than the 12 weeks … Continue Reading
First, a heartfelt THANK YOU for following our FMLA Insights blog in 2011. In 2011, our most popular blog entries involved two general topics: 1) employers’ best practices for FMLA administration; and 2) leave as a reasonable accommodation under the ADA when FMLA leave ends. We share these posts again below, since we believe the guidance … Continue Reading
Thanks to those who attended my webinar last week with EEOC Regional Attorney John Hendrickson on “Examining the Use of ‘Leave’ as a Reasonable Accommodation Under the ADA.” If you missed the program, you can access the webinar and materials here. As the survey feedback indicated, it was a great opportunity to discuss issues specifically … Continue Reading
Natural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers. Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health benefits should be offered. But what about an employer’s obligation to … Continue Reading
On January 5, the EEOC announced a $3.2 million settlement in a lawsuit against Jewel-Osco parent company Supervalu Inc., alleging that Jewel-Osco fired disabled employees at the end of medical leaves rather than returning them to work with reasonable accommodations. (Details are available in the Chicago Sun Times, and the EEOC has issued its own … Continue Reading
