News & Analysis as of

Leave of Absence Undue Hardship

Venable LLP

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

Venable LLP on

Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Bowditch & Dewey

Connecticut Private Employer Law Update

Bowditch & Dewey on

The 2022 Regular Session of the Connecticut General Assembly produced several laws governing the private employment sector. This article summarizes the major points of those laws....more

Constangy, Brooks, Smith & Prophete, LLP

New Missouri Law Requires Leave For Victims Of Domestic Violence

Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act, which took...more

Littler

Canada: How to Manage Unresponsive Employees on Leave

Littler on

Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Holland & Knight LLP

Massachusetts Pregnant Workers Fairness Act Effective on April 1, 2018: Be Prepared

Holland & Knight LLP on

• The Massachusetts Pregnant Workers Fairness Act (the Act), signed into law on July 27, 2017, becomes effective on April 1, 2018. • The Act expressly forbids discrimination against employees due to pregnancy or...more

K&L Gates LLP

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more

Vedder Price

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation… but Cities, States and Other Circuits Take...

Vedder Price on

Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or...more

Fisher Phillips

Court Hands Victory To Employer In “Leave After Leave” Battle

Fisher Phillips on

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more

FordHarrison

Courts Continue to Wrestle with Whether Long-Term Leave Can Be a Reasonable Accommodation Under the ADA

FordHarrison on

Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging....more

Miller Canfield

EEOC Issues New Publication on Leave as Accommodation Under ADA

Miller Canfield on

On May 9, 2016 the Equal Employment Opportunity Commission (EEOC) issued a new resource document regarding employer-provided leaves of absence as an accommodation under the Americans with Disabilities Act (ADA). The new...more

Constangy, Brooks, Smith & Prophete, LLP

Legal, Or Illegal? Employee Leaves Of Absence And The ADA

The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable,...more

Franczek P.C.

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

Franczek P.C. on

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

Genova Burns LLC

New York City Employers Must Prove Indefinite Leave Request is Undue Hardship

Genova Burns LLC on

The New York Court of Appeals ruled last Thursday that a disabled employee’s request for an indefinite leave of absence is not a per se unreasonable accommodation under the New York City Human Rights Law. Rather, the state’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

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