Did you know that the Super Bowl MVP, Philadelphia Eagles (backup) Quarterback Nick Foles, has more playoff wins in the last three months (3) than the Dallas Cowboys have in the past twenty years (2)?
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 decides when.
But, let’s do a deeper dive. Continue reading
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? Firing that employee wouldn’t violate the FMLA would it?
Or, could it? Continue reading
That’s all well and good for employers in Illinois, Wisconsin, and Indiana. But, what about the rest of us?
For example, if you operate a business in California, you’re in a constant state of pearl-clutching. So, some guidance would be helpful.
Well, sure enough. We get some. Continue reading
Back in May, I wrote about an Americans with Disabilities Act lawsuit that the U.S. Equal Employment Opportunity Commission filed against an employer. In its complaint, the EEOC alleged that the employer violated the ADA when it feared an employee’s travel would lead to a potentially catastrophic outbreak of Ebola in the United States and fired her when she refused to cancel her trip. Continue reading
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. But, many of you weren’t there. And, with the first medical marijuana dispensaries opening for business this weekend, this seems like as good a time as any to update my Pennsylvania peeps on what that means for your workplace.
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 individual the means to work; it excuses his not working.” (my emphasis)
It’s an excellent opinion for employers, especially those that do business in Indiana, Illinois, and Wisconsin.