News & Analysis as of

Reasonable Accommodation Family Medical Leave Act

Allowing Employee to Use Donated Leave Time Not a Required ADA Accommodation

Some employers use a formal or informal system that allows employees to donate accrued leave time to one another, usually in the context of a serious personal or medical problem. In a recent unpublished decision, the Tenth...more

Donations Not Accepted – ADA Does Not Require Continued Use Of Leave Donation Program

by Jackson Lewis P.C. on

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more

Avoiding Mistakes in Responding to Accommodation Requests

by Shipman & Goodwin LLP on

Working understaffed is never easy for managers or the rest of the work force. The concern about getting the work done creates pressures on everyone....more

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

by K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more

Continued Focus On Disability, Leave Management Issues In 2018

by Jackson Lewis P.C. on

With the New Year fading from view in the rearview mirror and spring on the horizon (at least for those of us in the Midwest), there are several signs that disability and leave management issues will continue to be hot topics...more

Supreme Court May Take Up Tricky ADA Leave Issue

by Hogan Lovells on

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work....more

EEOC Sues West Meade Place, LLP For Disability Discrimination

Company Fired Employee Because of Her Anxiety Disorder, Federal Agency Charges - NASHVILLE, Tenn. - Tennessee-based West Meade Place LLP, doing business as The HealthCare Center at West Meade Place, violated federal law...more

Interplay Of FMLA And ADA Precludes Employers From Automatically Terminating Employees At End Of FMLA Leave

by Pepper Hamilton LLP on

Q: Can my company fire an employee once the person has exhausted his or her FMLA leave entitlement? A: Many employers are surprised to learn that they may not necessarily terminate an employee if he or she does not return...more

FMLA Leave: Tom Brady Plays Through the Pain–Why Can't You?

by FordHarrison on

It’s no-pain, no-gain for Tom Brady, but pressuring employees to work while injured may violate the Family and Medical Leave Act (FMLA). Love him or hate him, you have to give it to Tom Brady–the man is dedicated to his...more

Greektown Casino to Pay $140,000 To Settle EEOC Disability Discrimination Suit

Detroit Casino Refused to Grant Extended Leave and Fired Employee with Stress-Anxiety Disorder, Federal Agency Charged - DETROIT - A Detroit casino operator will pay $140,000 and furnish other relief to settle a disability...more

Dear Littler: Is an Extended Leave of Absence a Reasonable Accommodation Required by the ADA?

by Littler on

Dear Littler: One of our key employees was injured in a serious car accident. She qualified for, and took, a full 12 weeks of leave under the Family and Medical Leave Act (FMLA) to recover. She was supposed to return to work...more

Plaintiff Petitions The Supreme Court To Hear Extended Leave ADA Case

by SmithAmundsen LLC on

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

Pioneer Health Services to Pay $85,000 To Settle EEOC Disability Discrimination Suit

Mississippi Health Care Company Illegally Fired Employee After She Underwent Liver Transplant Surgery, Federal Agency Charged - JACKSON, Miss. -- Pioneer Health Services, Inc., a Mississippi corporation that provides...more

Employer’s Guide to Navigating Mother Nature’s Fury – Avoiding Liability in the Wake of the Bomb Cyclone 2018

From the buried streets caused by last week’s “Bomb Cyclone,” to our lasting memories and ramifications of Hurricanes Harvey and Irma, we are reminded that mother nature’s fury packs a punch nationwide. Beyond employer...more

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

by Pierce Atwood LLP on

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

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation… but Cities, States and Other Circuits Take...

by Vedder Price on

Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or...more

Eleventh Circuit Upholds Alabama Cop’s Win In Pregnancy And FMLA Case

by Jackson Lewis P.C. on

The U.S. Court of Appeals for the Eleventh Circuit has affirmed a jury verdict in favor of a former Alabama police officer on her pregnancy and Family and Medical Leave Act (FMLA) claims. Hicks v. City of Tuscaloosa, Ala.,...more

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

by Roetzel & Andress on

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

Seventh Circuit: Multi-Month Leave Of Absence Not A Reasonable Accommodation Under The ADA

by Jackson Lewis P.C. on

Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft,...more

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

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

Prior Entitlement To FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

by Jackson Lewis P.C. on

The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had...more

Extended Leave is an Accommodation – Maybe Not

by Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more

Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

by LeClairRyan on

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision...more

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

by Jackson Lewis P.C. on

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

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