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
DOL Issues Guidance on “Caring for an Adult Child” Under the FMLA
Yesterday, the U.S. Department of Labor issued an Administrator’s Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child.
As we know, an otherwise eligible employee is entitled to FMLA leave to care for a child with a serious health condition. Under the
Requiring Employees to Return to Work With No Restrictions or To Be “100% Healed” is a Huge Risk for Employers
There must be something in the water. Over the past few months alone, I have reviewed a number of employers’ policies and correspondence regarding an employee’s return to work from a leave of absence. What has been surprising to me is the number of employer policies that require an employee to return from leave with
EEOC Releases Final Regulations to ADA Amendments Act
Yesterday, the Equal Employment Opportunity Commission (EEOC) released the much-anticipated final regulations (pdf) for the ADA Amendments Act of 2008. The EEOC will publish the regulations in the Federal Register today, and they will become effective in 60 days, on May 24, 2011. The EEOC has issued a press release highlighting the release of