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The term “undue hardship” refers to unreasonable or excessive expense or inconvenience that would be necessary on the part of an employer to accommodate an employee. Undue hardship is an exception to the employer’s obligation to provide reasonable accommodation.
We have an exempt employee going out on FMLA for about 7 weeks. The employee currently has remote access and can work from home. Are we violating FMLA if we allow this exempt employee to have access to emails and his virtual desktop or should we get a doctor’s release that says the employee can […]
By Jessica Arnold, JD The 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently affirmed the dismissal of a former employee’s retaliation claim under the Family and Medical Leave Act (FMLA), finding the employer’s approval of his request for intermittent leave at the time of his discharge was insufficient to establish a causal connection between […]
What employee actions (or inactions) are considered disqualifying events under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? A disqualifying event is generally defined as a failure or refusal to provide necessary information. Here are the specific circumstances under the ADA and FMLA.
By Valeria Gomez, JD It’s no secret that the Family and Medical Leave Act (FMLA) provides leave benefits only for employees who fit the strict eligibility requirements set forth in the statute. Recently, however, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—ruled that an employer may not be […]
By Susan Schoenfeld, JD In March 2015, the U.S. Supreme Court’s decision in the case of Young v. UPS prompted some changes in how the Pregnancy Discrimination Act (PDA) will be applied and interpreted by the EEOC.
By Susan Schoenfeld, JD Does a family medical leave of absence under FMLA laws protect an employee’s leave for the flu? How about a serious cold? Leave of absence laws were established to protect employees with serious health conditions, but what measures up?
By Kelly Smith-Haley, JD “A used car sales manager walks into a hospital.” No, that’s not the start of a joke. It’s the start of Terry Baier’s claim against his former employer, Rohr-Mont Motors, for violation of the Family and Medical Leave Act (FMLA). This recent case from the federal district court in Illinois reminds […]
By Peyton S. Irby, Jr., JD A recent case from the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—involved multiple claims by a pregnant employee.
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 and to accommodate the employee under both the FMLA and the ADA. This article series examines similarities and differences between […]