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By Kate McGovern Tornone, Editor When an employee needs a medical leave of absence, your first thought may be “FMLA.” But there’s more to the story: often, the Americans with Disabilities Act (ADA) is implicated right along with the Family and Medical Leave Act (FMLA). And employers need to know exactly what each law requires.
By Bridget Miller October is National Disability Employment Awareness Month (NDEAM), and it’s a good time to ensure that your managers are trained to understand of their compliance responsibilities. Guest columnist Bridget Miller explains the facts surrounding NDEAM and what it means for employers.
Did you know that October is National Disability Employment Awareness Month (NDEAM)? It was originally declared by Congress back in 1945; at that time, it was a week titled “National Employ the Physically Handicapped Week.” The name and duration have evolved since then, settling on National Disability Employment Awareness Month in 1988.
An employer’s attendance policy violated the Americans with Disabilities Act (ADA) because it was too rigid, the U.S. Equal Employment Opportunity Commission (EEOC) has alleged in a lawsuit.
By Jennifer Asbrock, JD, Frost Brown Todd LLC It’s no secret that employment lawyers avoid suing Kentucky employers in federal court because of the “employee-friendly” dismissal standard in state court. Employees assert discrimination claims under the (KCRA) rather than federal law in an attempt to avoid federal court. However, that strategy comes with a price […]
By Kate McGovern Tornone, Editor The Americans with Disabilities Act (ADA) permits an employer to require a firm expected return-to-work date when granting leave as an accommodation.
By Kate McGovern Tornone, Editor A recent ruling by the 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has found that an employee who cannot explain discrepancies between her Americans with Disabilities Act (ADA) accommodation request and her Social Security Disability Insurance (SSDI) application cannot bring a disability discrimination claim against her employer.
By Kate McGovern Tornone, Editor What happens when an employee is out on job-protected leave and you realize that everything keeps moving along just fine without her? Or that her duties shouldn’t really take 40 hours per week?
By Kelly Smith-Haley, Fox Swibel Levin & Carrol LLP A recent case is a useful reminder that employers may in some circumstances require an employee seeking an accommodation or seeking to return to work following a leave to provide supporting medical evidence. But understanding all of the nuances of when employers can and can’t ask […]
By Beth Kahn and Sigalit Shoghi, Morris Polich & Purdy LLP The California Court of Appeal has sent employers a message to be vigilant in following their policies and attentive to employees who request time off for medical conditions. A recent ruling against the University of California at San Diego (UCSD) made clear that an […]