Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions
Maybe you’ve experienced this: an employee experiences a serious health condition, you provide the required FMLA paperwork, and the certification form either comes back not fully filled out or so vague that you are unable to...more
At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more
Over six months after the Connecticut Family and Medical Leave Act (Connecticut FMLA) took effect, proposed regulations are slated for consideration and approval by the Connecticut Legislative Regulation Review Committee...more
Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more
Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this...more
Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more
The Nuclear Regulatory Commission (NRC) hosted a public meeting on April 13 to discuss and solicit stakeholder feedback on the cumulative effects of regulation regarding final changes made to the fitness-for-duty (FFD) drug...more
The CDC recently released updated its guidance on the criteria for determining when a worker diagnosed with COVID-19 may return to work. The interim guidance, Discontinuation of Isolation for Persons with COVID-19 Not in...more
As state and local stay-at-home orders are lifted, businesses across the U.S. are in the process of reopening or planning to reopen. Despite downward trends of new COVID-19 cases in some states, the COVID-19 pandemic...more
The United States Department of Labor has issued “COVID-19 or other Public Health Emergencies and the Family and Medical Leave Act Questions and Answers” (the “DOL COVID-19 FAQ”). The DOL COVID-19 FAQ provides the following...more
Dear Littler: One of our employees told a coworker that she is very depressed and contemplating suicide. The coworker feels this is a serious, and potentially imminent, situation and immediately reported her concerns to us. ...more
A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to...more
The NRC recently issued an allegation guidance memorandum (AGM) to provide guidance on the handling of certain drug and alcohol fitness-for-duty (FFD) violations. The AGM directs that licensee-identified drug and alcohol FFD...more
As anticipated in our September 3 blog, the NRC on September 16 published in the Federal Register a proposed rule and request for comment regarding its amendment of 10 CFR Part 26, “Fitness for Duty Programs” (FFD). We...more
The U.S. Court of Appeals for the Eighth Circuit will soon be deciding a case that may have important implications on the viability of class actions for employment discrimination under the Americans with Disabilities Act...more
The NRC will soon issue in the Federal Register a proposed rulemaking to amend the drug testing requirements of the Fitness for Duty (FFD) Program in 10 CFR Part 26. The proposed rule seeks to align the NRC’s drug testing...more
The Nuclear Regulatory Commission, by a 3-1 vote on August 7, agreed with the NRC Staff’s recommendation to discontinue a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. The...more
Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear...more
As part of the US Nuclear Regulatory Commission’s (NRC’s) efforts to create efficiencies in its enforcement process, the NRC Commissioners unanimously approved a staff proposal to change Section 4.1 of the NRC’s Enforcement...more
As we last reported on October 5, 2018, the NRC Staff appeared ready to recommend withdrawing a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. On April 4, 2019, the NRC...more
On March 29, 2019, the Massachusetts Executive Office of Labor and Workforce Development (EOLWD) released an updated version of the proposed Massachusetts Paid Family and Medical Leave (PFML) regulations, offering further...more
Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more
There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more
In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more
Q: One of our employees has been exhibiting strange, erratic behavior at work. Can we require the employee to submit to a mental health examination? A: Possibly. The ADA prohibits employers from requiring their workers to...more