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I have an employee who has FMLA for headaches. She said she can no longer work more than 8 hours a day. She has also requested to be changed to a different shift and department, saying that is easier on her eyes/for her headaches. We do not have any openings on the shift she requested. […]
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know […]
Retaliation claims are getting more and more employers into hot water, but such claims can be prevented with good training. In particular, ensure managers at your organization are fully aware of employees’ rights under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]
Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.
This article is part of a series that compares and contrasts various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Whenever you’ve got new applicants, you always want to start them off on the right foot. One of the most critical aspects of this is ensuring that your application form doesn’t put you in any legal trouble.
An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.
We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]
The flight crew of a Delta Airlines plane had a surprise recently when a turkey—yes, a turkey—was brought on board as an emotional support animal. Passengers and crew posted pictures online of the bird sitting in a baby seat during the flight and being pushed through the terminal in a wheelchair. But don’t get all […]