News & Analysis as of

Serious Health Conditions

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

ArentFox Schiff on

On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

McAfee & Taft

Not what he asked for, but unpaid leave of absence ruled to be appropriate ADA accommodation

McAfee & Taft on

When an employee suffering from a health condition comes to you with a proposed job modification to accommodate their condition, by all means consider the accommodation they have requested. But remember: an employer can offer...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter - October 2022

Too many women in this country suffer serious health harms or even die during pregnancy and just after. Too many infants in this country suffer serious health harms or die in the first year after they are born. There is no...more

Jackson Lewis P.C.

Maine Expands State FMLA To Allow Leave To Care For Serious Health Conditions Of Grandchildren

Jackson Lewis P.C. on

Maine employees will soon be eligible to take protected unpaid leave to care for serious health conditions of their grandchildren. On June 14, 2021, Governor Janet Mills signed into law L.D. 61, an Act to Include Grandparents...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter from Patrick Malone - April 2021

IN THIS ISSUE - As patients return to regular care, can they avoid medicine's costly excesses? Checklists of symptoms to watch for and act on - From pandemic's adversity, opportunity - It's unwise to defer...more

Sheppard Mullin Richter & Hampton LLP

California Employers Should Be Aware of Updates to Leave Requirements

The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical...more

Jaburg Wilk

Telemedicine Should Now be Considered an In-Person Visit for FMLA Purposes.

Jaburg Wilk on

In what seems like an ongoing spate of agency guidance, the United Stated Department of Labor’s Wage and Hour Division has joined the fray by issuing guidance today (Dec. 30, 2020) regarding utilizing telemedicine as a means...more

McAfee & Taft

Is being sick of it all sick enough? Court says burnout not a serious health condition under the FMLA

McAfee & Taft on

In this COVID world that makes one wonder if the apocalypse is upon us, mental health is a serious issue. Around the world, normal stressors such as work, finances, education and childcare have been exacerbated by health...more

Womble Bond Dickinson

CBD For Your ‘Fur’ever Friends

Womble Bond Dickinson on

People love their pets. The American Pet Products Association reported that pet owners spent $95.7 billion on their pets in 2019 and estimated the 2020 spend will be $99 billion. Combine the love for pets with cannabidiol...more

Lewitt Hackman

New Guidance for Employers on COVID-19 in the Workplace

Lewitt Hackman on

After several months, California’s Department of Fair Employment and Housing (DFEH) released updated guidance on COVID-19 in the form of FAQs. The new guidance provides answers to many questions employers face when re-opening...more

Fisher Phillips

5 Most Likely FMLA Changes That Could Be On The Horizon, Per DOL Information Request

Fisher Phillips on

The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more

DirectEmployers Association

OFCCP Week In Review: July 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Pierce Atwood LLP

COVID-19: EEOC Provides Additional Guidance on High-Risk Workers

Pierce Atwood LLP on

In our May 19, 2020 alert, Plan Now for Bringing Back Your Workforce – Part IV, we detailed the EEOC's guidance on high-risk employees (i.e. employees with medical conditions that render them particularly vulnerable to...more

Jackson Lewis P.C.

Washington: Proclamation Extending Time Period For High-Risk Employee Job Protection

Jackson Lewis P.C. on

Washington State Governor Jay Inslee has issued a new Proclamation that extends until 11:59 p.m. on August 1, 2020, the job protections in place for “high-risk” Washington employees. The job protections were to expire at...more

Pillsbury Winthrop Shaw Pittman LLP

Mitigating Employment Law Risks as COVID-19 (Coronavirus) Spreads

COVID-19 raises potential employment law compliance issues under several areas of U.S. federal, state and local statutes. A host of federal, state, and local laws place limits on how employers may implement infection...more

Goodwin

Responding to the Coronavirus Outbreak: Ten Questions and Answers for Employers

Goodwin on

The disease caused by the novel coronavirus, known as COVID-19, has been rapidly spreading around the world, including recently in the United States. The most recent guidance from the Centers for Disease Control and...more

Stoel Rives - World of Employment

Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)

With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation. Among many issues to consider is how to treat...more

Manatt, Phelps & Phillips, LLP

Sick Sibling, Healthy Kids Don’t Trigger FMLA Leave, Ohio Court Rules

The Family and Medical Leave Act (FMLA) doesn’t cover an employee’s leave to care for the healthy children of an ill sibling, according to a new decision from an Ohio federal court....more

Stoel Rives - World of Employment

Benefits Kick in for Washington Employees Under the New Paid Family and Medical Leave Act

Beginning January 1, 2020, Washington employees will have access to the benefits of Washington’s Paid Family and Medical Leave (“WPFML”) law, administered by the Washington Employment Security Department (“ESD”). Nearly all...more

Fenwick & West LLP

A Senior Executive Is Seriously Ill. When Should a Company Disclose the News?

Fenwick & West LLP on

The death of Oracle CEO Mark Hurd in October has highlighted a longstanding public company dilemma: whether and when to disclose the news that a senior leader has a serious health challenge. Not only is the topic sensitive...more

McAfee & Taft

Risk of a future disability not always an ADA claim

McAfee & Taft on

Suppose you have an applicant or employee who is currently healthy, but you are concerned they may develop an impairment or condition in the future. Can an employer make any decisions based upon that concern without violating...more

Payne & Fears

Time Off For Child's IEP May Trigger Leave Under FMLA

Payne & Fears on

On August 8, 2019, the Department of Labor issued an Opinion Letter explaining that employees may take leave under the Family and Medical Leave Act (“FMLA”) to attend a meeting discussing their child’s Individualized...more

McManis Faulkner

2019 Cannabis & Co: Family and Medical Leave Act (FMLA) in the Post Prop. 64 Era (Part 3)

McManis Faulkner on

2019 Cannabis & Co: Addressing Cannabis in the Workplace (Part 3) will take a closer look at how California Family and Medical Leave Act (FMLA) is affected with Post Prop. 64. - Do employers have a duty to accommodate...more

Downey Brand LLP

Could “The Farewell” Approach to Hiding a Terminal Diagnosis Occur in California?

Downey Brand LLP on

In “The Farewell,” now out in theaters, family members choose not to tell the matriarch (“Nai Nai”) of her terminal lung cancer diagnosis. They use the pretext of a wedding to get the family together in China so that they can...more

Fox Rothschild LLP

Pennsylvania Adds Anxiety & Tourette Syndrome as “Serious Medical Conditions” under the PA Medical Marijuana Act

Fox Rothschild LLP on

Back in May, I blogged about a recommendation from the Pennsylvania Medical Marijuana Advisory Board to add Anxiety and Tourette Syndrome as “serious medical conditions” covered under the Pennsylvania Medical Marijuana Act. ...more

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