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Articles Posted in Disability

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When is working overtime an essential job function? (Psst. I’ll tell you.)

Image Credit: “Whisper” by Jamin Gray on Flickr (https://www.flickr.com/photos/jamingray/1056525232) //embedr.flickr.com/assets/client-code.js Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act? The quick answer is: the employer…

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No one ever said that this FMLA stuff would be easy.

Image Credit: Pexels.com (https://www.pexels.com/photo/black-calendar-close-up-composition-273011/) Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period. So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day?…

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Here’s a nice recap of my #SHRMleg “Becoming an ADA Expert” session

By rp72 (Opening o2 Arena London Bon Jovi) [CC BY 2.0], via Wikimedia Commons“In a packed room at the 2018 SHRM Employment Law and Legislative Conference in Washington D.C., Eric Meyer of FisherBroyles, LLP provided practical guidance for HR Professionals so that they can handle an ADA accommodation situation at…

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When can you stop allowing extensions of leave under the ADA?

Image Credit: Pixabay.com (https://pixabay.com/en/network-cable-ethernet-plug-1027307/) Last September, the Seventh Circuit Court of Appeals ruled that a multi-month leave of absence is never a reasonable accommodation under the Americans With Disabilities Act. That’s all well and good for employers in Illinois, Wisconsin, and Indiana. But, what about the rest of us? For…

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The first cannabis stores in PA are opening. It’s time to re-educate employers on what that means.

Image Credit: Pixabay.com It’s been a while since we addressed the legalization of medical marijuana in the Commonwealth of Pennsylvania, and what that means for employers. It was about two years ago to be precise. Last October, I presented on this topic at the SHRM Lehigh Valley “annual” October Conference. …

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The ADA usually doesn’t require accommodating an employee’s first choice of yoga classes.

Image Credit: Pexels.com Sometimes, the blogging gods lob me a softball. And when that happens, I know what to do. The Americans with Disabilities Act requires an employer to accommodate an individual with a disability where, absent undue hardship to the employer, doing so will enable that person to perform the essential…

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Don’t forget leave as an ADA accommodation. (Yeah, that’s right. Leave!)

Image Credit: Photofunia.com Over the Summer, I blogged here about the Seventh Circuit’s decision in Severson v. Heartland Woodcraft, Inc. (opinion here). In Severson, the Court concluded that “a multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA….Simply put, an extended leave of absence does not give a disabled…