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ADA

State law’s effect on AIDS in the workplace

07/01/2008
Q. Does North Carolina have any laws concerning AIDS in the workplace? …

Are we legally obligated to rehire a disabled ex-employee?

07/01/2008
Q. One of our employees went on disability after a motorcycle accident. We terminated him at his request, as he wanted to cash out his 401(k). His doctor recently released him from disability, and he’s seeking re-employment for a different position. Our owner is concerned that if he doesn’t offer the ex-employee a job, we may face legal retribution. And he’s concerned that if we do bring him back, we’ll end up with a workers’ comp claim from a slip/fall injury. Do we have any obligation to rehire this employee?

HR Specialist Editors Bring You the Best from SHRM Chicago

06/24/2008
For a week each year, the Society for Human Resource Management’s Annual Conference becomes the center of the HR world. HR Specialist editors have joined 13,000 of our peers in Chicago this week for four days of professional development covering HR’s hottest topics and presented by the profession’s  leading experts. Here’s some of the best from the world’s biggest HR conference.

Updating job descriptions

06/17/2008
Q. Several of our job descriptions have not been revised in decades. What type of information should we include in the updated descriptions? …

Inability to sit does not constitute a disability

06/11/2008
Employees sometimes think that just about any minor medical or physical problem is a disability protected under the ADA. Simply put, that just isn’t the case. As the following case shows, being unable to sit for a few hours at a time isn’t a covered disability …

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …

Just asking for help doesn’t trigger accommodation process

06/04/2008
If employees’ disabilities aren’t obvious, the ADA doesn’t protect them if they don’t make it clear they have a disability. Only after an employee reveals he has a disability are you obligated to pursue reasonable accommodations. Vague requests such as asking for “more help” aren’t enough to trigger the ADA …

Employee has used all FMLA leave? Assess disability status before terminating

05/23/2008
The FMLA entitles employees to up to 12 weeks of unpaid leave to deal with a serious health condition. That doesn’t mean, however, that you should immediately terminate an employee who can’t return to her job right away. That could violate the ADA …

After learning of possible serious medical condition, what are our legal obligations?

05/23/2008
Q. An employee told us he has a bad hernia. He wants to wait a couple months to have the operation, since it requires six weeks’ recovery. He does some lifting in his job. Yesterday, he had to go home early because he was in pain. Now that we are aware of his condition, what’s our liability? And what should we do?

What to do about employee who takes long leaves for medical problems?

05/23/2008
Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for weeks at a time?