News & Analysis as of

Medical Leave

2 Essentials For Dealing With Employees Attempting To Game the System

by Fisher Phillips on

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

UPS Maximum Leave Policy Results In $2 Million Settlement With The EEOC

The EEOC announced this week that it has settled a lawsuit it has been litigating with United Parcel Service, Inc., since 2009. The EEOC alleged that UPS violated the Americans With Disabilities Act by enforcing an...more

Vague, open-ended medical leave denied

by McAfee & Taft on

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more

Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

by Ruder Ware on

The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate...more

When is an employee a qualified individual with a disability under the MHRA?

by PretiFlaherty on

Maine’s highest court recently weighed in on what it means to be a qualified individual with a disability under the Maine Human Rights Act. Affirming a summary judgment in favor of the employer in Carcinella v. Mercy...more

FAQs About The FMLA

by Fisher Phillips on

Understanding and complying with the requirements of the federal Family and Medical Leave Act (FMLA) is a challenge for even the most experienced management and human resources personnel. The challenge is even greater in...more

Regional International Sued by EEOC For Firing Employee Who Requested Leave for Surgery

Truck Dealership Refused to Accommodate 'Exceptional' Delivery Driver, Federal Agency Charges - NEW YORK - Regional International Corporation, a commercial truck and trailer dealership with locations in Western New York,...more

Second Circuit Lowers Bar for Causation in FMLA Retaliation Claims

The U.S. Court of Appeals for the Second Circuit recently ruled that to advance a viable claim for retaliation under the Family and Medical Leave Act (FMLA), an employee need only demonstrate that exercising his or her rights...more

Four hot mid-year topics in California employment law

by Thompson Coburn LLP on

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes...more

Washington Enacts Paid Family And Medical Leave Law

by Jackson Lewis P.C. on

All Washington employers must provide paid family and medical leave under a bill signed by Governor Jay Inslee on July 5, 2017. The new law creates an insurance fund that employers and employees both pay into, with a 0.4...more

FMLA FAQ: Can a Chiropractor Certify FMLA Leave? And Are There Limits?

by Franczek Radelet P.C. on

Backs across America must collectively be giving out, as my clients’ questions about medical certification from chiropractors are on the increase. So, I’ll hit this one head on: Is a chiropractor considered a health care...more

Temporary Worker Not Entitled To Leave As A Reasonable Accommodation

by DeWitt Law, LLC on

The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for...more

A Generic Doctor’s Note, Without More, Will Not Support A Claim Under The NJLAD

Does this sound familiar?  Your employee hands you a note from his doctor stating, “Please excuse Josh from work from 3/18 through 4/20 when he will be reevaluated.”  Often, doctor’s notes say little else, and many times you...more

Washington Paid Family Leave

by Dorsey & Whitney LLP on

Washington is now the fifth state to guarantee paid family and medical leave to eligible employees, joining California, New Jersey, Rhode Island and New York (effective 2018). Washington D.C. also recently passed paid leave,...more

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

by Foley & Lardner LLP on

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

Washington Enacts Statewide Paid Family and Medical Leave Law

On July 5, 2017, Washington became the latest state to enact a paid family and medical leave law, with benefits to go into effect beginning on January 1, 2020....more

Court of Appeals Affirms Woody Allen - When it Comes to Work, Showing Up Is Essential

by Foley & Lardner LLP on

The movie director and comedian Woody Allen is credited with the observation that “Showing up is 80% of life.” A federal court of appeals in New Orleans has gone one step further and ruled that showing up for work is a 100%...more

What Employers Need to Know About Washington’s New Paid Family and Medical Leave Insurance Law

by Lane Powell PC on

On Wednesday, July 5, Governor Inslee signed a Paid Family and Medical Leave law with strong bipartisan support. The new state law, one of the most expansive in the country, provides for a total of up to 18 weeks of paid...more

WPI State of the States: State Legislatures and Governors Turn Up the Heat

by Littler on

As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more

Predictions And Practical Tips From EEOC Leadership

by Foley & Lardner LLP on

Some of our attorneys attended an update meeting with the Equal Employment Opportunity Commission’s (EEOC) Miami leadership on June 16, 2017. Mike Farrell is the EEOC Miami District Director, and Bob Weisberg is the EEOC...more

Update on Bill 17: The Fair and Family-friendly Workplaces Act

by Field Law on

Bill 17: The Fair and Family-friendly Workplaces Act became law on June 7, 2017, when it received Royal Assent. As noted in our earlier Alert, which set out the highlights of the Bill, the effective dates for each Part of the...more

Intermittent Leave Under the FMLA – The Basics

Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members...more

“Congratulations – Now, Back To Work!” What Employers Need To Know About The Fifth Trimester

by Fisher Phillips on

Parents everywhere are familiar with the joys and trials of the three trimesters of pregnancy. The term “fourth trimester” has also gained widespread recognition, that three-month period when a baby gets used to living...more

Labour and Employment Alert: Highlights of Bill 17: Alberta's Fair and Family Friendly Workplaces Act

by Field Law on

Bill 17: The Fair and Family-friendly Workplaces Act, was introduced in the Alberta Legislature on May 24, 2017. The Bill is part of the Government of Alberta’s efforts to ensure that “Alberta has fair, modern and...more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

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