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Medical Certification Requests Hiring & Firing

Genova Burns LLC

Employers May Not Deny FMLA Leave Requests Without Allowing an Opportunity to Cure a Deficient Medical Certification

Genova Burns LLC on

On September 17, 2015, the New Jersey Appellate Division emphasized that an employer has “modest burdens” to not only advise employees of their rights under the Family and Medical Leave Act (“FMLA”), but also must advise...more

Franczek P.C.

Employer's Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us

Franczek P.C. on

Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process?  Let me warn you — what you are about to read is not pretty and not for the faint of heart....more

Hinshaw & Culbertson LLP

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...more

McAfee & Taft

The need for actual medical evidence in disability cases

McAfee & Taft on

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

Franczek P.C.

Employee Fired For Absences Exceeding His Certification Can Raise A Viable FMLA Claim

Franczek P.C. on

Have you ever made a rash decision that you wish you could take back the second you made it? ...more

Franczek P.C.

Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

Franczek P.C. on

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

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