Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.

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Are Inflexible Leave Policies Lawful After All? One Court Leaves Employers Salivating

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. ...more

6/3/2014 - ADA EEOC Employee Rights FMLA Paid Leave Unpaid Leave

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...more

4/8/2014 - ADA Compliance EEOC FMLA Leave of Absence

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,...more

2/25/2014 - ADA Disability EEOC Employer Liability Issues

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...more

2/19/2014 - ADA Disability EEOC Termination UPS

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. ...more

1/13/2014 - ADA Adverse Employment Action FMLA Human Resources Professionals Paid Leave Pregnancy Discrimination Reasonable Accommodation Retaliation Unpaid Leave

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? ...more

11/20/2013 - ADA FMLA Hiring & Firing Leave of Absence Reasonable Accommodation Undue Hardship

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...more

6/10/2013 - ADA Disability Discrimination Discrimination EEOC FMLA Hiring & Firing Medical Leave Pregnancy Discrimination Reasonable Accommodation Termination

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? ...more

5/30/2013 - ADA Employee Rights FMLA Leave of Absence Medical Examinations

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. ...more

1/15/2013 - ADA ADAAA Adult Children DOL FMLA Military Leave

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