RSS icon

Top Stories

Disabilities

How Long Is Too Long for an Unpaid Medical Leave of Absence? Not Two Weeks and a Day

February 27, 2013
Comments (0)
Think long and hard before you deny a request for unpaid time off for an employee's medical issue, and, when in doubt, call your employment counsel for a sanity check.
Read More

Obsessing (Compulsively) Over Reasonable Accommodations

February 19, 2013
Comments (0)
You need to have a dialogue with an employee about reasonable accommodations. Without opening the channels of communication, you will never know what is feasible. More importantly, without the dialogue, you probably have not satisfied your obligations under the ADA.
Read More

Pre-existing Perspective: New York Court Rules Against Reimbursing Employer

February 11, 2013
Comments (0)
A New York Appellate court ruled that an injured worker's diabetes and obesity do not qualify as pre-existing conditions.
Read More

Requests for Unpaid Medical Leaves Should Be Stamped, 'Handle With Care'

January 22, 2013
Comments (0)
If you are granting a leave to an employee as an accommodation, your best defense to a potential Americans with Disabilities Act claim is to have an open dialogue with the employee about a return date, and prepare to be flexible (to a point). Then, when the employee asks for “one more extension” to his or her leave of absence, no one will fault you as an unreasonable ogre if you decline.
Read More

Say It Ain't So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee

January 17, 2013
Comments (0)
Handling accommodation requests by pregnant employees is a thorny area of the law. My recommendation is instead of trying to sort through these issues for yourself, you contact your employment counsel before denying an accommodation request made a pregnant employee.
Read More

Department of Labor Lists Considerations for Adult Child Care FMLA Leave Requests

January 16, 2013
Comments (0)
The U.S. Department of Labor has issued an “administrator's interpretation” of factors an employer must consider when an employee requests leave to care for an adult child under the Family and Medical Leave Act.
Read More

Can You Hear Me Now? Employer Cannot Reject Disabled Employee Without Individualized Inquiry of the Ability to Do the Job

January 15, 2013
Comments (0)
If your failing to engage in this individualized inquiry, it will look like you are making the employment decision based on stereotypes and generalizations, which the Americans with Disabilities Act is supposed to rid from the workplace. That perception will not bode well for your defense of an ADA lawsuit.
Read More

Internet-Use Disorder: The Newest Disability?

January 11, 2013
Comments (0)
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.
Read More

What Isn't a Reasonable Accommodation?

January 9, 2013
Comments (0)
Just because a disabled employee asks for an accommodation does not mean that you have to grant the request.
Read More

The 12 Days of Employment Law Christmas

December 20, 2012
Comments (0)
Since the holidays are almost upon us, and the news is a little slow, I thought I'd have a little fun. So I wrote a song.
Read More