Disability Leave

News & Analysis as of

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

Court Finds in Favor of Employer in Boss-Related Stress Case

In a recent case out of California, a state appellate court found that an employee’s inability to work for a particular supervisor due to boss-related stress and anxiety did not constitute a disability under state law. The...more

Supervisor-Caused Stress is Not a “Disability” under the FEHA

The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more

Employer Found to Have Violated Consent Decree; Ordered to Pay EEOC’s Attorney Fees

The EEOC recently announced that it was awarded nearly half a million dollars in attorney fees after a court found that an employer (the Jewel-Osco grocery store chain) violated a consent decree....more

Workers' Compensation and Truck Drivers: what do you get paid?

If your workers' compensation doctor has taken you out of work the adjuster is supposed to be paying you what is called Temporary Total Disability. Basically because you are going to get better and hopefully back to work it...more

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

New Rule Allows Disability Insurance Premiums To Be Paid From Qualified Plan Accounts - Employers Will Be Able To Offer Employees...

HIGHLIGHTS - - The Treasury Department and the IRS released final regulations regarding amounts used by a qualified plan to pay for accident or health insurance premiums. Under the regulations, there is one notable...more

Recent Decision on Temporary Disability Under the ADA Should Give Employers Pause

On January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit (based in Virginia) held in Summers v. Altarum Inst., Corp. that a temporary injury, if sufficiently severe, may qualify as a “disability” under the...more

New Rhode Island Temporary Caregiver Insurance Benefits Become Effective January 1, 2014

New Temporary Caregiver Insurance Benefits Become Effective January 1, 2014 Beginning January 1, 2014, all employees regardless of their employer’s size will be eligible for up to four weeks of leave under the Temporary...more

Reinstatement Of Employment Ordered – A Decade After Disability Leave Commenced

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered the reinstatement of an employee a decade after she went on disability leave, together with loss of wages...more

Employment Law Commentary -- Volume 25, Issue 3 -- March 2013

In This Issue: - Pregnancy Disability Leave in California: What Should Employers Be Expecting?: Last year, the Department of Fair Employment and Housing (“DFEH”) implemented new regulations interpreting the...more

Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,...more

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more

Amended Pregnancy Regulations Expand Protections for Employees Disabled by Pregnancy or Perceived as Pregnant

All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012....more

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