Americans with Disabilities Act Family Medical Leave Act

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
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Multiple Requests for Extension of Medical Leave – Three Strikes and the Employee Is Not Out!

A recent Americans with Disabilities Act case is a reminder the employers must proceed carefully before denying repeated requests for extensions of medical leave by an employee. In the case, the employer had a “personal...more

Six Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases

As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their...more

First Zombies, Now Ebola, then What? Preparing for Communicable Diseases in the Workplace

Oh the good ol’ days, when employees were awaiting a fictional zombie apocalypse and getting them to pay attention to prevention and preparedness was easy thanks to zombie animation from the Centers for Disease Control and...more

Obligations During the Ebola Crisis: Ethical and Practical Considerations

Providers and health professionals face many challenges in the shifting sands of the Ebola response, including the extent of their duties to each other and their patients and their obligations under a myriad of laws,...more

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more

Employers Must Be Cautious in Addressing Ebola Concerns

Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more

Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Two months ago, many Americans were unfamiliar with the term “Ebola.” It’s amazing how quickly things can change. Today, you cannot turn on your television or read a news article without hearing or seeing reference to this...more

Ebola and the Workplace: What Employers Need To Know

In light of the Ebola virus outbreak abroad and the recent Ebola cases in the U.S., employers should be aware of the laws implicated in their treatment of employees. Though employment issues related to Ebola may appear to be...more

Wait A Minute? Is Pregnancy a Disability Now?

On July 14, 2014, the Equal Employment Opportunity Commission issued guidance relating to pregnancy discrimination. Since that time, in federal courts around the country the EEOC has filed multiple lawsuits on behalf of...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

Polsinelli Podcasts - Safely Navigating the ADA, FMLA & Worker's Compensation Laws [Video]

Polsinelli Podcast to preview the firm's complimentary 2014 Labor and Employment Webinar Series with Employment Law attorney Gillian MKean Bidgood. The Employment Law Bermuda Triangle – Safely Navigating the Confluence of...more

“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA [Video]

The webinar will review the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act Amendments Act (ADAAA), focusing on the interplay between the two statutes and the differing employer and employee...more

Don't Be Tripped Up by Light Duty Obligations under the FMLA and ADA: A Discussion of Employer Best Practices

Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard....more

Employment Law Summer Recap 2014: Part 2 of 11 – What do the Ice Bucket Challenge and FMLA-Related Lawsuits Have in Common?

$113.6 million and counting – that’s the total amount donated to the ALS Association since July 29 as a result of the Ice Bucket Challenge. Just to put that fundraising number into perspective, the Association raised around...more

A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore

With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of...more

Executive Order Requires New Disclosures for Federal Contractors

On Thursday, July 31, 2014, President Obama signed an Executive Order called "Fair Pay and Safe Workplaces," requiring covered federal contractors and subcontractors to publicly report labor violations, to forgo the use of...more

Federal Contractors Beware – Part 3

Federal contractors beware. More changes are coming your way, again. On July 31, 2014, President Obama issued an executive order titled the “Fair Pay and Safe Workplaces Executive Order”. First, the order requires companies...more

New Executive Order Places Additional Reporting Obligations on Government Contractors and Creates an Additional Weapon in the...

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which requires both government contracting officers and government contractors to track and coordinate contractor and subcontractor...more

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

Executive Order Requires Reporting Labor Law Violations and Prohibits Arbitration Agreements

As part of President Obama's "Year of Action," President Obama recently announced the Fair Pay and Safe Workplaces Executive Order (the "Executive Order"). The Executive Order will require prospective federal...more

EEOC Releases Guidance on Pregnancy Discrimination Laws

Guidance Does Not Address State-specific Laws and Requirements - The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in...more

The EEOC Delivers its Expected New Guidance on Pregnancy Discrimination

Dust off your handbooks and rethink your employment policies – the EEOC has just announced some significant changes in how it is going to investigate and litigate pregnancy discrimination claims....more

Going Paperless? Legal Guidelines & Tips for a Paperless HR Department

In today’s high-tech business environment, it is commonplace for employers to digitize personnel documents. Maintaining these documents in electronic form has obvious benefits, including ease of accessibility and storage...more

Polsinelli Podcasts - Best Kept Secrets of the Americans WIth Disabilities Act [Video]

It may be one of the best kept secrets impacting employers. Amendments to the Americans With Disabilities Act now means extended leave beyond the Family and Medical Leave Act is considered reasonable for employees under the...more

Long Term Care Providers Take Note: The Top Five Employment Law Mistakes to Avoid

Americans love top ten lists. In that love-for-lists spirit, and in an effort to be informative, we list below the top five employment law mistakes that long term care employers need to avoid. 1. Implementing a...more

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