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Reasonable Accommodation Family and Medical Leave Act (FMLA) Today's Popular Updates

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

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On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

Locke Lord LLP

Ten New Employment Laws for New York Employers: Have You Fully Updated Your Employee Handbook Yet?

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New York State and New York City started and ended 2018 and started 2019 by enacting ten worker protections that mandate additional requirements for New York employers. If you have not already done so, now is a good time to...more

Troutman Pepper

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

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

Jackson Lewis P.C.

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

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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

Clark Hill PLC

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

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On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

Baker Donelson

Federal Court Declines to Overturn $780,000 Jury Verdict in Favor of Employer’s Argument that Application for SSDI Trumps the ADA

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In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by...more

Ruder Ware

Seventh Circuit Court of Appeals – Super Human Resource Department?

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The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...more

Seyfarth Shaw LLP

A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA

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Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not...more

Littler

Hurricane Irma: 10 Challenges for Employers

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Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

FordHarrison

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

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Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

Baker Donelson

Medical Leave as a Reasonable Accommodation under the ADA: How Far Must an Employer Go?

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On May 9, 2016, the EEOC released further guidance on the provision of medical leave as a reasonable accommodation under the ADA. While the guidance reiterates the Commission's previous position that employers must consider...more

Franczek P.C.

Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?

Franczek P.C. on

There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash! Surely, this...more

Troutman Pepper

Updating Your Employee Handbook for 2016

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Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

Akerman LLP - HR Defense

New EEOC Guidance on Leave Imposes Greater Obligations on Employers

Employers must consider providing unpaid leave and giving priority to disabled employees who want to be re-assigned under new guidance from the EEOC last month. In the new EEOC Guidance available here “Employer-Provided Leave...more

Baker Donelson

Play Under Review: USC Football Coach Wanted Mid-Season Timeout for Alcoholism

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At the beginning of last year's college football season, many folks had high expectations for the University of Southern California Trojans and the team's second-year head coach, Steve Sarkisian. Instead, USC ended the season...more

Parker Poe Adams & Bernstein LLP

FMLA Does Not Require Employer to Agree to Altered Work Schedule or Work From Home

The Family and Medical Leave Act requires employers to provide job-protected leave to eligible employees. Sometimes, employers receive FMLA requests from employees that involve shifts to the working schedule or other measures...more

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