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 beyond 12 weeks required? The answer is almost always ‘yes.’ But how much leave are we obligated to provide? And what if
indefinite leave of absence
Yes! Regular, Reliable Attendance at Work IS Important under the ADA After All!
By Jeff Nowak on
Posted in ADA, Court Decisions
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…
A Triple Dog Dare: Take These Five Steps in 2014 to Drastically Improve Your FMLA Compliance
By Jeff Nowak on
Posted in Uncategorized
It’s 2014. And I’m so cold, I can barely peck at the keyboard to type this post. Nevertheless, it’s time to get back to work in the New Year, which always is an ideal time to review and button up your FMLA practices. Let’s face it: before we know it, six months will have passed…