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 -
News & Analysis as of

Court: Regular Attendance Is an Essential Job Function

Americans with Disabilities Act (ADA) compliance can be challenging, as employers attempt to decipher whether a specific situation falls under the definitions of the law, such as when they must provide accommodations to an...more

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a...more

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law Center (“NWLC”). Most of...more

The Employment Law Authority - January/February 2014

In This Issue: - FAMILY TRIP HELD PROTECTED BY FMLA - Court Finds Worker Continued To Care For Her Ill Mother - WELCOME TO FABULOUS LAS VEGAS! Workplace Strategies 2014 Heading Toward A Sellout - Wage & Hour....more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

FMLA FAQ: Can Excess Trips To The Potty Be Counted As FMLA Leave?

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

Employment and Labor Law Final Exam Answer Key

Thank you to everyone who responded to this year’s Employment and Labor Law Final Exam. We hope the exercise was challenging and informative. Congratulations to our winners, Melissa Nance (Sumter, SC) and Carol Williams...more

2013 Employment and Labor Law Final Exam

As the end of 2013 quickly approaches, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s third annual final exam. We will send out answers to the exam on December 17th. Be sure to email...more

Retail Industry Update, No. 4, December 2013: New Year's Resolutions: Five Areas Of Focus For 2014

The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the...more

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

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

More Protections for Pregnant Workers on the Horizon in New Jersey

The New Jersey Senate committee recently advanced S-2995, the Pregnant Women’s Fairness Act, a bill sponsored by Senator Loretta Weinberg, which would prohibit workplace discrimination against pregnant women. Specifically,...more

Connecticut Automotive Retailers Association Seminar Summary

On October 29 and November 12, members of Pullman & Comley, LLC’s Labor, Employment Law and Employee Benefits Department presented an intensive seminar to the Connecticut Automotive Retailers Association. Significant...more

Tucson-Area Trucking Company CTI Sued by EEOC For Disability Discrimination

Company Failed to Provide a Reasonable Accommodation to Visually Impaired Employee And Fired Her and Others Because of Their Disabilities, Federal Agency Charges - PHOENIX - CTI, Inc., a Tucson-area regional trucking...more

New York State’s Highest Court Confirms that a Request for Indefinite Leave May Constitute a Reasonable Accommodation Under the...

The New York Court of Appeals – New York’s highest court – is out with a new decision this week addressing our favorite statutory friend (foe?), the New York City Human Rights Law – this time in the context of a disability...more

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

Employees May Take “Total Disability” And Seek Accommodation Too

Just because a disabled employee takes long term disability benefits and certifies she is unable to work, doesn’t mean she can’t seek workplace accommodations. Smith v. Clark County School District, No. 11-17398 (9th Cir....more

FMLA Leave or ADA Accommodation (Or Both)? Overview of Beyond the Basics

After more than 20 years under the ADA and FMLA, and 18 years since the passage of the Oregon Family Leave Act (“OFLA”), most employers are familiar with the basics of these laws. Many employee leave situations can be handled...more

Employee Leaves of Absence and Other Accommodations Under the Law: What Every Nonprofit Needs to Know

In this presentation: - Overview of ADA & FMLA - Policy & Practical Pointers - Example Requests for Leave or Other Accommodations –Discussion of Select Issues Related to Such Requests -...more

Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

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

Leave-of-Absence Issues Managers Need to Know

In many organizations, the human resources function is handled by specialists who guide managers' decision-making to ensure consistency with myriad employment laws. It is not uncommon, however, for HR professionals to get...more

To Terminate or Not to Terminate. . . That is the Question

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Fenwick Employment Brief - March 2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

Pregnancy Disability Leave – Sanchez v. Swissport

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

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