News & Analysis as of September 19, 2024

Medical Leave

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2024

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2024

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on 4/24/2023

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on 4/10/2023

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Prescription for Disaster: Wrongful Termination Post Medical Leave

Lewitt Hackman on 4/22/2021

Occasionally, we come across cases that clearly describe what employers should NOT do in the workplace – cases bound to cost a company big bucks because of bad decision-making or horrible policies. One recent example of such...more

Inoculating Against The Coming Spread Of Employee Lawsuits Related To COVID-19

Weintraub Tobin on 5/29/2020

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may...more

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

FordHarrison on 9/4/2019

Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all. Managing employee attendance problems and preparing for...more

Reminder for Federally Regulated Employers: Sweeping Changes to Canada Labour Code Coming September 1, 2019

Blake, Cassels & Graydon LLP on 8/28/2019

Part III of the Canada Labour Code (Code) and its accompanying regulations, which provide labour standards for federally regulated employers, are scheduled to undergo significant changes pursuant to the coming into force of...more

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

BCLP on 8/7/2019

Employers are not obligated to tolerate employee misuse of FMLA leave. Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Ten Ways Employers Get Themselves Sued (Part Two)

Constangy, Brooks, Smith & Prophete, LLP on 7/26/2019

How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but...more

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

Fisher Phillips on 7/9/2019

It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

McGuireWoods LLP on 6/26/2019

It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for...more

What Am I Doing Wrong?? Common FMLA Mistakes.

Jackson Lewis P.C. on 12/5/2018

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the nineteenth in a series highlighting some of the more common mistakes employers can...more

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

Amundsen Davis LLC on 8/14/2018

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

What Am I Doing Wrong?? Common FMLA Mistakes

Jackson Lewis P.C. on 7/12/2018

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the sixteenth in a series highlighting some of the more common mistakes employers can...more

District Courts In The Seventh Circuit Begin To Clarify Landmark Severson Decision

Jackson Lewis P.C. on 6/8/2018

As we have previously reported, on September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling for employers in Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), when...more

Plaintiff Petitions The Supreme Court To Hear Extended Leave ADA Case

Amundsen Davis LLC on 1/25/2018

On January 18th, the plaintiff in Severson v. Heartland Woodcraft Inc. petitioned the United States Supreme Court to review his case, in which he claimed that a multi-month leave under the ADA, beyond the Family and Medical...more

Courts Continue To Grapple With Leave As A Reasonable Accommodation Under ADA

Pierce Atwood LLP on 1/3/2018

When is it safe to terminate an employee who has exhausted (or is ineligible for) Family Medical Leave Act (FMLA) leave, but who is unable to return to work? This question continues to confound employers, and has been the...more

Does The ADA Require An Employer To Extend A Leave Taken Under The FMLA?

Roetzel & Andress on 12/11/2017

Are you an employer who must provide benefits to employees under the Family Medical Leave Act (“FMLA”) because you have had 50 or more employees for at least 20 weeks during the past year? If so, do you sometimes get...more

“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twin Holdings That a Long Term Leave is Not a Reasonable Accommodation May...

Bond Schoeneck & King PLLC on 12/1/2017

In one of his more pithy lines, Oscar Wilde wrote, “I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect.” Oscar Wilde, The Picture of...more

Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date

Jackson Lewis P.C. on 11/30/2017

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

Seventh Circuit Holds That The ADA Is Still Not A Leave Statute

Jackson Lewis P.C. on 11/10/2017

On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis...more

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

Franczek P.C. on 10/26/2017

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

Clark Hill PLC on 10/23/2017

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on 10/9/2017

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

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