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Family Medical Leave Act Reasonable Accommodation

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -

Mother’s Day Employment Law Quiz! Pregnancy, Lactation, You Name It!

Happy Mother’s Day weekend to all of you who are, or who have, mothers. (I think that covers everybody.) I couldn’t think of a better way to start this weekend than with a quiz on pregnancy discrimination, lactation...more

Managing the Competing Obligations of the FMLA and ADA

by PilieroMazza PLLC on

An employee asks for over 12 weeks of leave for an illness under the Family and Medical Leave Act (FMLA)—does this also constitute a request for accommodation under the Americans with Disabilities Act (ADA)? The interplay...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

“The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz

(DEAR READERS: I know that using “Bermuda Triangle” to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation is corny, trite, stale, and overdone. But I’m...more

Leave as a Reasonable Accommodation under the ADA

by Kelley Drye & Warren LLP on

In May 2016, the Equal Employment Opportunity Commission (“EEOC”) published “Employer-Provided Leave and the Americans with Disabilities Act” The EEOC published the guidance as it observed a “troubling trend:” employment...more

Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable...more

ADA and Batman - by Robin

by FordHarrison on

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the...more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Third Circuit Court Offers Employers Insight into FMLA and ADA

by PretiFlaherty on

The Third Circuit Court of Appeals recently waded into the waters of the Family Medical Leave Act of 1993 (FMLA) and the Americans with Disabilities Act (ADA), finding that an employer did not violate the FMLA or ADA where it...more

Court OK’s termination of diabetic employee for misconduct

by McAfee & Taft on

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

Cushman & Wakefield will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charged - BALTIMORE - Commercial Real Estate Services Company Cushman & Wakefield will pay $100,000 and furnish significant relief...more

These Three Key FMLA and ADA Resources Will Help You Conquer the World

by Franczek Radelet P.C. on

If you have any interest in vastly improving your FMLA and ADA mojo, here are three can’t miss resources you need to make part of your professional reading and education each spring: 1. Review the ABA’s Report of 2016...more

Focus on the FMLA: Part III

by Zelle LLP on

Today we come to the third and final post in our series about the Family and Medical Leave Act (FMLA). We’ve tried to address FMLA issues that, in our experience, pose particular challenges for employers. Over the past two...more

One Bite, Two Apples: Third Circuit Confirms That Requests For Leave Under the FMLA Can Simultaneously Qualify As A Request For A...

The interplay between the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is an area of confusion for most employers. This confusion is understandable as both statutes serve distinct...more

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

by FordHarrison on

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists,...more

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

by Fisher Phillips on

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

by Jackson Lewis P.C. on

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Third Circuit adopts the “honest belief” defense to FMLA retaliation claims and confirms that FMLA leave requests can double as...

by Tucker Arensberg, P.C. on

The Third Circuit’s recent decision in Capps v. Mondelez Global, LLC is a mixed bag for employers. The good news is that it establishes that an employer’s honest belief that its employee misused FMLA leave can defeat a...more

Seventh Circuit Affirms FMLA Retaliation Claim Based on Employer Ending Home Working Arrangement

The Family and Medical Leave Act (FMLA) does not require employers to agree to allow employees to work from home based on medical restrictions. The Americans with Disabilities Act may require employers to provide such...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Employer Responsibilities re Mental Health Conditions

by Lewitt Hackman on

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

Seasonal Affective Disorder - It Can Be More Than the Winter Blues

by Pepper Hamilton LLP on

As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

by FordHarrison on

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

by FordHarrison on

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights...more

Tips for Claims Under the Pregnancy Discrimination Act and the American Disabilities Act

by Taylor English Duma LLP on

Did you know that a pregnant employee who has complications may be equivalent to an employee with a disability? Recent cases hold that pregnant employees with complications may be entitled to reasonable accommodations. The...more

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