One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more
12/15/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Corporate Counsel ,
Disability Discrimination ,
Documentation ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Interactive Process ,
Medical Leave ,
Rehabilitation Act ,
Remote Working ,
Termination
Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time. If the employee asks to work limited hours...more
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more
It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons...more