News & Analysis as of

Medical Leave Resignation

Parker Poe Adams & Bernstein LLP

Employee Has Right to FMLA Leave Even if Medical Condition is Undiagnosed as of Date of Request

Qualified employees may take job-protected leave under the Family and Medical Leave Act based on their Serious Health Condition (SHC). A new decision from the Seventh Circuit Court of Appeals makes clear that the employee...more

Barnea Jaffa Lande & Co.

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

Barnea Jaffa Lande & Co. on

From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Seyfarth Shaw LLP

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hawaii Medical Service Association for Class Disability Discrimination

Employees Forced to Resign After Denial of Reasonable Accommodation, Federal Agency Charges - HONOLULU, Hawaii - Major health insurance provider Hawaii Medical Services Association (HMSA) violated federal law when it...more

U.S. Equal Employment Opportunity Commission...

Value Village Sued by EEOC For Disability Discrimination

hrift Store Rejected Repeated Requests for Reasonable Accommodations for Employee With COPD and Emphysema, Federal Agency Charges - ATLANTA - Two Peaches Group, LLC, d/b/a Value Village, a for-profit thrift store operating...more

Farella Braun + Martel LLP

Refusal to Rescind Employee’s Voluntary Resignation Is Not An Adverse Employment Action Under FEHA

An employer’s refusal to accept a former employee’s resignation rescission request is not an adverse employment action under the California Fair Employment and Housing Act (FEHA), according to a California Court of Appeal...more

Jackson Lewis P.C.

An Employee Fails to Return from Leave As Originally Scheduled—Has That Employee “Voluntarily Resigned”?

Jackson Lewis P.C. on

What are employers to do if an employee has not provided a doctor’s note to continue his or her leave and the initial end date for that leave has passed? When can employers deem such an employee to have “voluntarily...more

Foley & Lardner LLP

Does "I Quit" Really Mean I Need FMLA Leave?

Foley & Lardner LLP on

Imagine you have an employee who is out three weeks on a medical leave protected by the FMLA. The employee suffers from a serious mental condition (or some other chronic condition), which has required her to take FMLA...more

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