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By Kelly Smith-Haley, JD Under the Americans with Disabilities Act (ADA), employers may be required to offer reasonable accommodations to qualified employees. A recent opinion from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—reminds employers that when it comes to providing a reasonable accommodation, it doesn’t have to result in highway […]
What are an employer’s obligations regarding benefits for an employee who is out on leave under the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA)?
An appeals court won’t rehear a case in which it ruled that United Airlines was not required to reassign a worker with a disability because that accommodation would have violated its collective bargaining agreement’s seniority policy. The court also held that the lower court properly dismissed the case because the employee failed to identify any […]
You must be careful when you craft and enforce policies addressing prolonged absences. Even when an employee has exhausted her statutorily protected leave, you should consider offering additional leave as a reasonable accommodation unless you can demonstrate that you would suffer an undue hardship because of the continuing absence.
Question: If we are providing a reduced work schedule as an accommodation under the ADA for an exempt salaried person, may we reduce their pay based on hours worked?
Both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) often apply to employees who are seriously ill or injured. When this happens, employers may be required to grant leave to the employee under both laws. What are employees legally required to provide?
In our “What Should HR Do?” interactive video series, we present real-life scenarios similar to those HR professionals face in the workplace every day. For each scenario, you, the viewer, get to select what you believe is the best response from a few possible options. Then, we’ll let you know whether you made the best […]
Can you explain how our medical benefits work with disability insurance? When does medical insurance terminate for an employee who is not working due to a short or long term disability? Does disability insurance cover any of the employee’s medical expenses? (We are covered with a private disability insurance, not through SDI).
We have an employee who we believe has a prescription drug problem. We have confronted him twice over the past year and he had denied it. Can we force him to go to rehab in order to keep his job?
In this article series comparing and contrasting various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), we have covered exceptions to both laws such as disqualifying events, undue hardship (ADA only) and certain situations regarding substance abuse.