Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more
In response to questions from employers and employees alike regarding when COVID-19 constitutes a disability for purposes of the nondiscrimination and reasonable accommodations provisions of the Americans with Disabilities...more
In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more
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
Sind Arbeitnehmer innerhalb eines Jahres länger als sechs Wochen ununterbrochen oder wiederholt arbeitsunfähig erkrankt, muss der Arbeitgeber nach § 84 Abs. 2 SGB IX klären, wie die Arbeitsunfähigkeit überwunden und wie der...more
Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more
HIGHLIGHTS - - The Treasury Department and the IRS released final regulations regarding amounts used by a qualified plan to pay for accident or health insurance premiums. Under the regulations, there is one notable...more
On January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit (based in Virginia) held in Summers v. Altarum Inst., Corp. that a temporary injury, if sufficiently severe, may qualify as a “disability” under the...more
The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,...more
In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more
All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012....more