ADA

Must you offer more leave after FMLA ends?

02/04/2013

Do you have a draconian FMLA leave policy that calls for automatic termination for employees who use up their FMLA entitlement before being cleared to return to work? If so, you’re playing with fire. That’s because employees may be eligible under the ADA for additional time off.

Charlotte nursing home settles disability suit

02/01/2013

The company that operates a nursing home in Charlotte will pay a former employee $50,000 to settle charges it failed to reasonably accommodate her depression.

Can not knowing how to read be a disability?

01/25/2013

Q. Is illiteracy considered a disability under the ADA? And if it is, what accommodations would we be expected to make, as an employer?

Filing for workers’ comp doesn’t qualify as ADA protected activity

01/25/2013

Here’s a bit of good news. Just because an employee claims she was hurt at work and files for workers’ compensation doesn’t mean she automatically has a federal ADA retaliation case if she’s fired.

Why bother with job descriptions? 3 reasons

01/22/2013

Writing job descriptions for all of the positions in your company may sound like a lot of work, especially when they are not required by any law. But there are plenty of legal reasons why you should have them.

New DOL guidance on FMLA leave to care for adult children

01/14/2013

It has always been understood that employees are entitled to take FMLA leave to care for minor children with serious health conditions. But it’s been less clear how the FMLA applies to employees who need time off to care for an adult son or daughter. Now the U.S. Department of Labor has weighed in with guidance.

Consider more leave, different job as ADA accommodation after FMLA leave expires

01/11/2013

When an employee works in a demanding position and has a medical crisis, he may not be able to return quickly to his old job. It’s entirely possible he may use all available FMLA leave and other accrued leave and still receive clearance to work. That doesn’t mean his employer isn’t obligated to try to reasonably accommodate him.

Internet Addiction Disorder: The Newest Disability?

01/09/2013

The DSM-5, the official psychiatrist’s diagnostic manual, has accepted Internet addiction disorder for inclusion, albeit in a section devoted to conditions that require further research. What does this mean for your workplace? If Internet addiction is a psychiatric disorder, then employees who suffer from it may be protected by the ADA. This development has potentially significant implications for your workplace …

ADA: Don’t let procedural hurdles stop accommodations process

01/09/2013

Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.

After FMLA ends, consider offering more leave

01/03/2013

Do you have a draconian FMLA leave policy that requires automatic termination for employees who use up their entitlement before being cleared to return to work? If so, you’re playing with fire.

ADA