…participate in the mandatory EAP referral, the employer fired her. According to the EEOC, and consistent with its “Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the…
Search Results for: arizona medical marijuana
I’ll give you a million reasons not to ask employees and applicants about family medical history
…it, alleging violations of GINA and the Americans with Disabilities Act (ADA) in its hiring procedures. According to the lawsuit, the employer required applicants to pass a pre-employment medical exam…
The EEOC and DOL are teaming up to enforce federal employment law
…had the not-so-good fortune of undergoing a Fair Labor Standards Act or Family and Medical Leave Act audit from the U.S. Department of Labor. Late last week, the two federal…
WARNING: This could be one of my nerdiest FMLA posts yet.
At a bench trial in a Virginia federal court in 2021, with only a Family and Medical Leave Act interference at stake, the judge concluded, “[I]t’s obvious that…
An employer asked an employee for a doctor’s note with every intermittent FMLA absence. Here’s how it turned out…
All you Family Medical Leave Act savants know about the 30-day rule, right? Once an employer initially certifies an employee for FMLA leave, it cannot seek recertification more…
A new bill will greenlight federal employment for marijuana users
marijuana use the chance to have that denial reviewed. As of April 24, 2023, 38 states, 3 territories, and the District of Columbia allow the medical use of marijuana. As…
Here’s an FMLA interference case that Cosmo Kramer from Seinfeld would appreciate
…beyond those three days. Her employer terminated her on February 21. The employee subsequently became a plaintiff and brought claims under the Family and Medical Leave Act. Specifically, she…
A employee in Puerto Rico needed an accommodation to avoid the humidity. Ok.
…employer in Puerto Rico could have done differently to accommodate one of its workers. According to the opinion, the employee worked with medical records at a hospital. In September 2017,…
Have you ever had 65 employees seek FMLA at the same time with the same doctor’s notes?
…take medical leave based on claimed minor soft-tissue injuries sustained while off duty. The forms were similar in content; all were signed by one of two chiropractors, and all called…
Does the FMLA protect ineligible employees who inquire about taking FMLA leave?
Near the beginning of the pandemic, an employee requested unpaid leave to care for her two-year-old son—a child with a history of respiratory illness experiencing symptoms resembling…