News & Analysis as of

Reasonable Accommodation Family Medical Leave Act Disability Discrimination

Leave It To California – Post FMLA/CFRA/PDL Leave and FEHA

by Seyfarth Shaw LLP on

When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map....more

Supreme Court’s Inaction Establishes that Post-FMLA Medical Leave is Not Required Under ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more

Doctor, Doctor

by FordHarrison on

What if an employee has exhausted her FMLA leave but is not ready to return to work? Most of you have probably faced such a situation and are aware that the Americans with Disabilities Act requires the employer to consider...more

Dear Littler: How Should We Approach an Employee Showing Signs of Cognitive Decline?

by Littler on

Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for...more

Putting the Compensability Brakes on Frequent Employee Breaks

by Carlton Fields on

Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act (FLSA)? Last week, the Department of Labor, Wage and Hour Department...more

Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation...

Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with...more

Supreme Court Passes on ADA Leave Question, For Now

by Hogan Lovells on

We blogged in February about two Seventh Circuit cases pending before the Supreme Court that would have given the Court the opportunity to provide guidance as to whether, and if so to what extent, the ADA requires employers...more

Accommodating the Absence of Employees Under the Disability Discrimination Laws

by Cohen & Grigsby, P.C on

Employers continue to be challenged as a matter of routine business management with determining how long an employee is permitted to be absent and remain employed. The challenge is considerable because there is no “bright...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

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

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

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

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

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

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

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA Accommodation

We have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has...more

95 Results
|
View per page
Page: of 4
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.