News & Analysis as of

Light-Duty Positions Family and Medical Leave Act (FMLA)

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - August 9th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - May 11th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Seyfarth Shaw LLP

11th Circuit to Employers: Heed Your FMLA Obligations

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Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the...more

Parker Poe Adams & Bernstein LLP

Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Sherman & Howard L.L.C.

Cop Moved Off Her Beat and Onto FMLA Leave

A police officer in a small town asked for light duty after she hurt her foot off duty. The chief refused because there was no light duty available, the force had only provided it in the past to officers with work related...more

Miller & Martin PLLC

To Terminate or Not to Terminate. . . That is the Question

Miller & Martin PLLC on

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

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

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

Sherman & Howard L.L.C.

No Violation of FMLA to Refuse Request for Light Duty Before Return to Work

Employers sometimes offer light duty work to employees who are recuperating from injuries, illnesses, or other medical conditions, when they cannot yet perform the essential functions of their jobs. Employers may have a...more

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