News & Analysis as of

Americans with Disabilities Act (ADA) Unpaid Leave

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

Fisher Phillips

An Employer’s Guide to Workplace Protections for Abortion-Related Decisions

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Employers likely have questions about abortion-related employment protections and healthcare benefits after Friday’s SCOTUS controversial decision that overturned Roe v. Wade. Given the ruling, people in states with strict...more

Cranfill Sumner LLP

[Webinar] Employment Law Roundtable 2022 - April 21st, 10:00 am - 11:00 am ET

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Employment attorneys from our firm will discuss a range of Employment Law topics, including recognizing the importance of the agency principle, managing the manager, challenging the paradigm of no due process for at-will...more

Dentons

Let’s Talk About Grief: Bereavement Policies in the Evolving Workplace

Dentons on

Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more

FordHarrison

[Webinar] Leave Compliance Alphabet Soup: ADA/FMLA/WC - February 23rd, 2:00 pm - 3:00 pm ET

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Join FordHarrison St. Louis attorneys Karen Milner and Roy Smith as they discuss employer notice requirements and substantive obligations under the FMLA, ADA and worker’s compensation. Topics to be covered include: -...more

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

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

Jackson Lewis P.C.

Don’t Forget About Unpaid Leave As A Possible Reasonable Accommodation In Manufacturing

Jackson Lewis P.C. on

Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities Act (ADA) can be one of the most difficult and complex issues employers, particularly manufacturers, face. If the employee’s...more

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

Jaburg Wilk on

The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

U.S. Equal Employment Opportunity Commission...

Kindred at Home Sued by EEOC for Disability Discrimination and Retaliation

Home Health Services Provider Placed Employee on Unpaid Leave After She Requested a Limited Period of Telework, Federal Agency Charged - ATLANTA – Gentiva Health Services, Inc. d/b/a Kindred at Home (“Kindred”), a provider...more

Troutman Pepper

Employer Planning for Coronavirus

Troutman Pepper on

With more than 90,000 cases of coronavirus (COVID-19) across 65 countries, it is only a matter of time before the disease has an impact on normal business operations. However, as the virus continues its march around the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Black Forest Décor for Disability Discrimination

Home Décor Business Fired Warehouse Employee for Taking Unpaid Leave It Forced Her to Use, Federal Agency Charges - LOUIS - Black Forest Décor, LLC violated federal law when it forced a worker with a disability at its...more

Nilan Johnson Lewis PA

Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Nilan Johnson Lewis PA on

Question: One of my employees recently shared with me that she is expecting a baby. We’re a small, but growing company, with about 25 employees. I know we’re not covered by the Family and Medical Leave Act, but I want to make...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

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Bradley Arant Boult Cummings LLP

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training

If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

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Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Payne & Fears

Negotiating the Maze of Overlapping Leave Laws

Payne & Fears on

Our experienced employment lawyers review major federal and California laws regarding employee leaves of absence and how they impact employers in 2017 and beyond. Topics include: • Creating a checklist for handling requests...more

Fisher Phillips

Is It Time To Recall Some Of Your HR Policies?

Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Franczek P.C.

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Franczek P.C. on

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

Ervin Cohen & Jessup LLP

EEOC Issues Guidance Regarding Leave as an Accommodation Under the ADA

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a guidance to employers regarding an employer’s obligation under the Americans with Disabilities Act (ADA) to provide unpaid leave or extend a paid leave...more

Akerman LLP - HR Defense

New EEOC Guidance on Leave Imposes Greater Obligations on Employers

Employers must consider providing unpaid leave and giving priority to disabled employees who want to be re-assigned under new guidance from the EEOC last month. In the new EEOC Guidance available here “Employer-Provided Leave...more

Seyfarth Shaw LLP

Be-Leave It — New EEOC Guidance Emphasizes Leaves of Absence as Reasonable Accommodations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently issued “new” guidance for addressing leave as a reasonable accommodation. Employers must remember to consider unpaid leave as an accommodation, when appropriate, even if an employee would...more

Proskauer - Law and the Workplace

EEOC Releases New Guidance on Unpaid Leave as a Reasonable Accommodation Under the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The guidance, issued on May 9, 2016, makes clear...more

Bradley Arant Boult Cummings LLP

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

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