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Medical Benefits Law

Is Regular Attendance an Essential Job Function? It Depends.

February 3, 2014
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As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.
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Are Temporary Impairments ADA-Protected Disabilities? You Bet.

January 28, 2014
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Disability discrimination cases no longer focus on whether an employee is legally disabled, but instead on whether an employer engaged the employee in the interactive process towards a reasonable accommodation.
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When is 1,250 not 1,250? Hours Worked Versus Hours Paid for FMLA Eligibility

January 23, 2014
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Whatever time tracking and payroll system you use, it must have the ability to differentiate between time paid and time worked. It could likely save you from an FMLA claim if an employee is on the 1,250-hour bubble.
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Separation of Protected Activity and Discipline can Shield Employers From Retaliation Claims

January 16, 2014
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You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.
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Accuracy Counts in Drafting Job Descriptions

December 19, 2013
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Job descriptions not only help establish reasonable expectations for what you expect from your employees in a position, but it also helps set a baseline for what you do, or do not, have to reasonably accommodate.
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FAMILY Act Would Provide Paid Leave for Employees

December 18, 2013
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This legislation would bring us up to par with the rest of the civilized world without imposing a significant monetary penalty on employers.
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How the ADA Covers Organ Donors

December 17, 2013
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I’ve written before about the need to put the 'human' back in 'human resources.' This case is a textbook example.
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Infertility is Fertile Ground for Disability Discrimination Claims

December 16, 2013
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With this issue on the EEOC’s enforcement radar, employers that deny time off for fertility treatments may find themselves as the start of the EEOC’s next infertility-related press release.
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Medical Marijuana and the Americans With Disabilities Act

December 9, 2013
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The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.
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When an Extended Leave of Absence is NOT a Reasonable Accommodation

December 5, 2013
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If you are planning on denying an unpaid leave as a reasonable accommodation, understand that these terminations are risky and will draw scrutiny from the EEOC.
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