Practical HR Tips, News & Advice. Updated Daily.
By Kate McGovern Tornone, Editor An employer does not have to provide indefinite intermittent leave to an employee as a reasonable accommodation, the 6th U.S. Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has ruled.
We have an employee that was in a minor car accident last month and has used up all of her paid time off (PTO). She is working on the paperwork for short-term disability (STD) as she has filled her elimination period. She will not show the employer the application. Is she obligated to if the […]
An employee has been with the company for almost 2 years and is always on time and present. However, they have recently stopped showing up for their scheduled shifts. We learned that the employee has fallen into a deep depression which is restricting the individual from having contact not only with our company but also […]
During training on disability issues, supervisors and managers need to understand that employers often are required to provide an accommodation to an employee who requests one. However, as a recent case demonstrates, there are exceptions. What happened
By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C. Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.
By Cathleen S. Yonahara, Freeland Cooper & Foreman LLP A California Court of Appeal has found that an employer may be liable under the California Fair Employment and Housing Act (FEHA) for failing to accommodate a nondisabled employee’s request to modify his work schedule to care for a disabled family member. The court’s interpretation of […]
By Kate McGovern Tornone, BLR Editor Current and accurate job descriptions are your best defense to Americans with Disabilities Act (ADA) claims, speakers told attendees at the Society for Human Resource Management’s (SHRM’s) annual conference.
By Katharine Essick, JD, Sedgwick LLP A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an […]
Our non-exempt employee has no sick or vacation days left and has accrued absentee attendance points close to termination. Because of this, the same employee is coming into work while sick. We don’t want the health of other employees to be at risk because of his/her presence. Can an employer force a sick employee to […]
By BLR Legal Editor Jennifer Carsen, JD For the past several months, court-watchers have been waiting for the Supremes to resolve a split among the circuits on the Affordable Care Act’s (ACA’s) contraceptive mandate. Today, the court released its long-awaited opinion—without ruling on the merits of the case.