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ADA

Worker’s FMLA time expired? Check ADA obligation, too

03/01/2004

Q. An employee’s been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California

Avoid arbitrary policy on reinstating job titles

03/01/2004

Q. An assistant manager has been out on disability leave for four months, and she’s requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Misconduct is the key to enforcing your ‘no rehire’ policy

03/01/2004
Issue: When can you refuse to rehire a former employee who may be protected under the Americans with Disabilities Act (ADA)? Benefit: You don’t have to rehire people who are …

You can require tests to determine ADA accommodations

02/01/2004
Issue: How to meet your “interactive process” requirement with disabled employees to create accommodations.
Benefit: You can reject an employee’s accommodation request if the worker doesn’t cooperate in the interactive …

Don’t lower standards for disabled staff

02/01/2004

Q. One of our employees has multiple sclerosis and isn’t meeting our production standard, which calls for 70 percent production level. This employee is achieving only a 59 percent level. From an ADA standpoint, what would be a reasonable accommodation? —M.R., Pennsylvania

Craft a ‘last-chance pact’ with on-the-ropes employees

02/01/2004
Issue: Written “last-chance agreements” give poor-performing employees one final opportunity to shape up. Risk: Some fear that last-chance pacts will violate the Americans with Disabilities Act (ADA). Action: Go …

You can require tests to set disability accommodations

02/01/2004
Issue: How to follow Americans with Disabilities Act rules requiring an “interactive process” with disabled employees.
Benefit: You can reject an accommodation request if the employee won’t cooperate in the …

You can enforce ‘last-chance’ pacts with on-the-ropes employees

01/01/2004
Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They’re common in cases involving alcohol abuse, drug abuse …

Not all ADD, ADHD diagnoses qualify as protected ‘disability’

01/01/2004
Unfortunately, the Americans with Disabilities Act (ADA) doesn’t come with a laundry list of conditions that qualify as disabilities. So what about attention deficit disorder (ADD) or attention deficit hyperactivity disorder …

You can set ‘no rehire’ policy for workers fired for misconduct

01/01/2004
The Supreme Court last month handed employers more power to set and enforce policies that deny rehiring to employees fired for misconduct. The court said such “no-rehire” policies are valid reasons …