ADA

SS disability doesn’t automatically qualify employee for company disability

07/26/2013

An employee who files for Social Security disability benefits based on the inability to work doesn’t automatically qualify for her company’s ERISA disability benefit plan when her federal benefits come through. She can be disabled under federal law but still capable of working as defined in the company insurance plan.

Warn bosses: Don’t single out caregivers

07/26/2013

Being a boss is hard enough, but it’s especially difficult when unexpected absences disrupt production schedules. Unfortunately, it’s a fact of managerial life. That’s why you should remind supervisors that they must not take out their frustrations by retaliating against employees who miss work for legitimate reasons—such as having to care for a sick child.

You’re not Dr. Phil! Resist temptation to label underperformers’ problems

07/23/2013

We all use psychological lingo to describe behavior we find annoying or disturbing. But when such terms are used in the workplace, that armchair analysis can create needless legal headaches.

Think twice before firing employee who needs to take short disability leave

07/10/2013

Too many employers assume they can simply discharge a worker who isn’t yet eligible for FMLA leave, doesn’t have any other leave available and can’t work for a short period of time. That’s simply not always true. If the employee qualifies as disabled under the ADA, he may be entitled to a short leave as a reasonable accommodation.

Want to offer additional leave for disability? Be sure policy is drafted in your favor

07/05/2013

By now, you no doubt know that instantly firing someone who isn’t ready to return from FMLA leave may land you in legal trouble. Some employers have addressed this situation by crafting a policy that provides some additional leave. If you decide to do that, make sure you get legal help creating the actual policy.

Beware firing disabled yet active worker

07/05/2013

You just found out that an employee who’s out on medical leave—with severe restrictions on his activities—recently participated in a running event. What should you do? Think twice before you say, “Fire him!” That could cause lengthy and needless litigation.

Must you reassign disabled staff to vacant jobs?

07/03/2013

Suppose an employee becomes disabled and can no longer physically do the job he was hired to do. Must you reassign the employee to another position within your organization that he could perform? In many cases, yes.

No cooperation on ADA accommodations? Then it’s time to consider termination

06/26/2013

Some disabled employees take the approach that it’s their way or no way when it comes to accommodations that would allow them to perform the essential functions of their jobs. Fortunately, employers have leeway in exactly which accommodation should be used.

New psych manual could open floodgates for disability cases

06/26/2013

The new version of the main psychiatric diagnosis manual, the Diagnostic and Statistical Manual of Mental Disorders, loosens the criteria for defining some rather ordinary conditions as mental illnesses. This could lead to many more employees claiming job-protected disabilities covered under the ADA.

How risky is it to fire a pregnant employee having attendance problems?

06/20/2013

Q. An employee has been with us for less than a year, so she isn’t yet eligible for FMLA leave. Last month she missed five days because her child had a high fever. She used available PTO for the time off. Last week, she was no-call/no-show for three days. She told the supervisor she had been hospitalized because of pregnancy complications and didn’t have access to a phone and was sedated. She provided a doctor’s note that released her to return to work, but stated that she may need to be put on bed rest. The supervisor would like to terminate her because we can’t afford to continue employing someone so unreliable. Can we do this?

ADA