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
Employer Can Seek Second Opinion After Doctor Finds Employee Fit to Return From FMLA Leave
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
EEOC Commissioner Gives Insight into Handling Employee Leaves of Absence After FMLA is Exhausted
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
Yes! Regular, Reliable Attendance at Work IS Important under the ADA After All!
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
The Lesson of EEOC v. UPS and Automatic Termination Provisions: Engage in the ADA Interactive Process
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 conditions
FMLA FAQ: Can Excess Trips to the Potty Be Counted as FMLA Leave?
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
Can an Indefinite Leave of Absence Be a Reasonable Accommodation?
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
Failure to Provide Additional Leave as ADA Accommodation Could Prove Costly to Employers
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
I Believe My Employee is Unfit to Return to Work. Can I Require a Full Medical Examination Before His Return?
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 upside
Last Chance to Sign Up for our Complimentary FMLA Webinar set for this Thursday, December 6 (12 p.m. CST)
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