News & Analysis as of

Reasonable Accommodation Family Medical Leave Act Medical Leave

Akerman LLP - HR Defense

Must An Employer Grant a Request for Indefinite Leave?

by Akerman LLP - HR Defense on

What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully....more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

by K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

by Fisher Phillips on

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

Seyfarth Shaw LLP

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

FordHarrison

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

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

Mintz Levin - Employment Matters

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

Hogan Lovells

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

Jackson Lewis P.C.

Supreme Court Declines Review Of ADA Leave Obligations

by Jackson Lewis P.C. on

Sometimes the actions a court doesn’t take can have a very big impact. The Supreme Court’s April 2, 2018 decision not to review a recent Seventh Circuit ruling is just one of the cases. In Severson v. Heartland Woodcraft,...more

Franczek Radelet P.C.

Your Employee Is Absent More Often Than Indicated on his FMLA Medical Certification. Now What?

by Franczek Radelet P.C. on

A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification....more

Parker Poe Adams & Bernstein LLP

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

Jackson Lewis P.C.

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

Shipman & Goodwin LLP

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

U.S. Equal Employment Opportunity Commission...

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

Pepper Hamilton LLP

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

U.S. Equal Employment Opportunity Commission...

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

Littler

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

SmithAmundsen LLC

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

Pierce Atwood LLP

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

Vedder Price

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

Roetzel & Andress

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

Jackson Lewis P.C.

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

Bond Schoeneck & King PLLC

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

by Bond Schoeneck & King PLLC on

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

Ruder Ware

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

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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