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By David M. Stevens, JD In a recent opinion, Maryland’s Court of Special Appeals reversed a trial court decision in favor of an employer that had terminated an employee who was unable to resume her duties following the expiration of her Family and Medical Leave Act (FMLA) leave.
This article is part of a series that compares and contrasts various aspects of the two laws.
When is intermittent leave permitted under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Under what circumstances—if any—is use of intermittent leave prohibited?
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.
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).
Say that three times fast! We all know that flatulence is a part of our bodily functions, but most of us know when it’s appropriate to cut the cheese, and when it’s not. For one man, though, his frequent flatulence caused his termination. Was this disability discrimination or a load of hot air?
Systemic investigations, hiring scrutiny and pregnancy discrimination are among the trends at the U.S. Equal Employment Opportunity Commission that employers should be looking out for in the coming year, according to attorneys at Littler Mendelson PC. A report issued by Littler analyzes and examines key statistics from the EEOC’s Performance and Accountability Report for fiscal […]
Searching for employment often feels like one of life’s most difficult challenges. The job seeker has to find a suitable position, go through the application process, hope to advance to the interview stage, and then find a way to stand out in what may be a crowd of applicants vying for the same job. Employers […]
We have a warehouse employee who has exhausted all of her FMLA for this calendar year. She was released to return full time with a light duty restriction of only being able to lift 10 pounds. We have not had enough work to give her due to the restriction so she’s only been working 20 […]