Articles Posted in Family and Medical Leave

Perhentian islands/ Deserted Island/ Paradise
Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner Chai Feldblum.

Continue reading

Photo Apr 30, 10 57 11 AM

My other car is a minivan

Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s ability to perform essential functions of the individual’s job, with or without accommodation.

ADA violation…check!

But, what about having a 100%-cured policy for an employee taking leave under the Family and Medical Leave Act?

Continue reading

nerd-23752_640
Hey there, dateless and lonely.

Are you a wait-in-line-after-a-SHRM-event-so-you-can-ask-the-speaker-your-random-FMLA-question-“for a friend”-fanboy/fangirl?

Then, step right up and head on over to Thompson’s HR Compliance Expert for the latest edition of “Opposing Counsel,” where employee-rights attorney, Donna Ballman, and I spike your HR-compliance dork punch with a splash of FMLA. Actually, it’s a double shot of Louis the XIII situations in which HR has to make a tough call about whether an employee is FMLA-eligible.

fmla

A few years ago, I blogged here about the importance of communicating with employees on FMLA to stay abreast of their status and eventual return-to-work.

But, even before employees go on FMLA, both clear communication and workplace policies becomes paramount. Consider this recent example involving a pregnant salesperson.

Continue reading