ADA

Can we terminate now an employee who we know can’t return from FMLA leave?

01/13/2009

Q. We have an employee out on FMLA leave and have just learned that she will not be able to return to work when her FMLA entitlement expires. Should we go ahead and send her a termination notice now?

Don’t cave to telecommuting request if it won’t allow disabled employee to do job

01/09/2009

Sometimes, employees suggest telecommuting as an accommodation if they have temporary disabilities. Telecommuting may be possible for some kinds of jobs. But in other cases, the job itself may make telecommuting impossible.

Disabled former employees can’t recover benefits under ADA unless they seek rehire

01/05/2009

In a common-sense decision, the 6th Circuit Court of Appeals has ruled that former employees who are disabled cannot sue their former employers under the ADA to recover retirement benefits that were reduced because they received Social Security disability payments from the federal government.

Attendance policies: Control absenteeism without breaking the law

01/05/2009

Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA …

ADA: Performance and Conduct Standards

01/02/2009

In response to numerous performance-related questions from employers, the EEOC released a detailed guide to help employers apply performance and conduct standards to employees with disabilities. Here’s a summary of the EEOC’s recommendations.

New ADA and FMLA rules kick in this month

01/01/2009

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR pros must adapt to important changes to two key employment laws: the FMLA and the ADA.

I-9, FMLA, ADA overhaul: Are you ready?

12/24/2008

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR professionals must adapt to important changes to two key employment laws—the FMLA and the ADA—and replace their I-9 forms.

When does ‘I quit’ mean ‘Help, I’m disabled’?

12/18/2008

If you know an employee is suffering from depression, don’t be so quick to accept his or her hasty resignation, a new court ruling shows. Instead, you may need to identify this person as “disabled” under the ADA and, therefore, engage in an interactive process to find a work accommodation.

SSA disability isn’t automatic ADA disability

12/12/2008

For years, employers tried to argue that an employee who received federal Social Security disability payments couldn’t claim she was also covered by the ADA and entitled to reasonable accommodations.

Remember, you—not employee—choose ADA accommodation