Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions
At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more
Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more
Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this...more
Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more
The Nuclear Regulatory Commission (NRC) hosted a public meeting on April 13 to discuss and solicit stakeholder feedback on the cumulative effects of regulation regarding final changes made to the fitness-for-duty (FFD) drug...more
The CDC recently released updated its guidance on the criteria for determining when a worker diagnosed with COVID-19 may return to work. The interim guidance, Discontinuation of Isolation for Persons with COVID-19 Not in...more
As state and local stay-at-home orders are lifted, businesses across the U.S. are in the process of reopening or planning to reopen. Despite downward trends of new COVID-19 cases in some states, the COVID-19 pandemic...more
The United States Department of Labor has issued “COVID-19 or other Public Health Emergencies and the Family and Medical Leave Act Questions and Answers” (the “DOL COVID-19 FAQ”). The DOL COVID-19 FAQ provides the following...more
Dear Littler: One of our employees told a coworker that she is very depressed and contemplating suicide. The coworker feels this is a serious, and potentially imminent, situation and immediately reported her concerns to us. ...more
A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to...more
Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear...more
On March 29, 2019, the Massachusetts Executive Office of Labor and Workforce Development (EOLWD) released an updated version of the proposed Massachusetts Paid Family and Medical Leave (PFML) regulations, offering further...more
Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more
There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more
Q: One of our employees has been exhibiting strange, erratic behavior at work. Can we require the employee to submit to a mental health examination? A: Possibly. The ADA prohibits employers from requiring their workers to...more
Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for...more
Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more
Seyfarth Synopsis: While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging. The timing of the termination alone can support...more
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the sixth in a monthly series highlighting some of the more common mistakes employers can...more
The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more
It’s an expression you hear often among police officers and other sworn employees: “You Lie, You Die.” That is, if you are caught being deceptive about any work-related subject, you will be terminated and your career will be...more
Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT). OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier...more
Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the...more
Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more
The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more