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
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
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
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
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
Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? ...more
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