How School Reopening Plans May Affect Paid Leave for Working Parents and Employers by Judy Garner
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 2
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 1
Developments in New York State Labor and Employment Law – What You Need to Know in 2020
HR Law 101 Ep. 10: Are You Aware of the Family Medical Leave Act? Part 1
HR Law 101 Ep. 8: Handbooks and What to Include Part 3
[WEBINAR] Labor & Employment Law: What Changed in 2017
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Annual Labor & Employment Update 2013
In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more
Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more
The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more
In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more
On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more
What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully....more
Employers generally understand their obligation to provide a reasonable accommodation to qualified individuals with disabilities as required under the Americans with Disabilities Act (ADA), as well as a number of state and...more
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
Some employers use a formal or informal system that allows employees to donate accrued leave time to one another, usually in the context of a serious personal or medical problem. In a recent unpublished decision, the Tenth...more
Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more
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
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
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
One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more
The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more
Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more