This post seems timely, seeing as most of your employees claiming a Friday-of-Memorial-Day-Weekend migraine are going to do this anyway.
Kidding, I’m not that jaded.
(You guys; however, I’m not so sure)…
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.
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.
But, what about having a 100%-cured policy for an employee taking leave under the Family and Medical Leave Act?
The treasure being compliance. So, not exactly riches; somewhat less exciting than Indiana Jones discovering the lost ark. Except, this treasure won’t melt your face off. And you’ll be adorned in HR-compliance.
You can’t really place a value on that now, can you?
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.
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.