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Employer Prevails on FMLA Challenge to No-Fault Attendance Policy

  A no-fault attendance program is the epitome of equal treatment—the employer does not judge whether an absence is for a good or bad reason and gives all employees the same number of absences. But then the FMLA came along and guaranteed eligible employees certain time off and prohibited an employer from interfering with that … Continue reading Employer Prevails on FMLA Challenge to No-Fault Attendance Policy
May 31, 2010

Yet Another Reminder of the FMLA Challenge for Multi-State Employers

  The reminders of the FMLA challenges facing multi-state employers in complying with state leave laws are frequent and the risk grows regularly. This time, the challenge came from Connecticut. Connecticut’s Family and Medical Leave Act (CFMLA) applies to employers with 75 employees. Is that 75 employees in-state or nationwide?    In 2001, the state Department … Continue reading Yet Another Reminder of the FMLA Challenge for Multi-State Employers
May 26, 2010

The ADA Patchwork Lives On!

  As the ADA’s 20th anniversary nears, let’s revisit one of its lofty goals: to place a sweeping federal blanket over the patchwork of state and federal laws that protects individuals with disabilities. A recent Second Circuit opinion leaves no doubt that the patchwork lives on  In Spiegel v. Schulmann, decided on May 6, 2010, a karate … Continue reading The ADA Patchwork Lives On!
May 25, 2010

The Accommodation of the Incontinent Court Reporter

 Many reasonable accommodation cases are resolved in court but a court is not usually the defendant. But such was the case when a court reporter sued the Office of the Chief Judges of various Illinois circuit courts for failing to accommodate her incontinence.  In Gratzl v Office of the Chief Judges of the 12th, 18th, … Continue reading The Accommodation of the Incontinent Court Reporter
May 24, 2010

A Case of Incompatible Reasonable Accommodations

 Talk about a reasonable accommodation challenge. What is an employer to do when its accommodation of one employee’s medical condition triggers another employee’s medical condition? The New York Times reported recently that the City of Indianapolis faced such a situation recently and is now facing an EEOC “failure to accommodate” charge.  According to the Times … Continue reading A Case of Incompatible Reasonable Accommodations
May 24, 2010

Leave Mavens Now New EEOC Commissioners

Watch for a continued focus on medical leaves at the EEOC since President Obama’s recent recess appointments have extensive backgrounds on leave issues. The EEOC has been challenging employers’ “inflexible” leave policies which, the EEOC alleges, do not appropriately consider the ADA’s reasonable accommodation requirements.  Newly-sworn-in EEOC Commissioner Chai Feldblum, a former Georgetown University Law … Continue reading Leave Mavens Now New EEOC Commissioners
May 7, 2010

Smoke-Free Workplace Policies: Some Clarity and Consistency, Please

The Centers for Disease Control reported recently that tobacco use is the single most preventable cause of death and disease in the United States, causing about 443,000 deaths annually. The report adds that for every person who dies from tobacco use, another 20 have at least one tobacco-related illness. The report claims that “implementing smoke-free … Continue reading Smoke-Free Workplace Policies: Some Clarity and Consistency, Please
May 5, 2010

Return to Work Examinations: Does the ADA trump FMLA rules?

An employee goes on FMLA leave unable to work temporarily due to uncontrolled diabetes. The employee’s essential job functions include driving a forklift and working with other dangerous machinery. Many in the workplace are aware of the situation because the employee lost consciousness while working and had to be transported to the hospital by ambulance. … Continue reading Return to Work Examinations: Does the ADA trump FMLA rules?
May 3, 2010

Welcome to the Disability, Leave & Health Management Blog

Welcome to our new Disability, Leave & Health Management Blog. Most would agree that  health and family are the most precious things in life. Most employers recognize this but, as the saying goes, they “have a business to run.” In this blog, we hope to confront some of the more thorny legal and practical issues … Continue reading Welcome to the Disability, Leave & Health Management Blog
May 1, 2010

Limiting Light Duty to Work-Related Injuries: Is it Still Lawful?

Many employers limit “transitional work” or “light duty” to individuals with work-related injuries. But is such a practice lawful? Most believe it is. Many years ago, in fact, the EEOC specifically endorsed the practice, with some caveats, in its Enforcement Guidance on the ADA and Workers’ Compensation. However, in a September 2009 EEOC press release … Continue reading Limiting Light Duty to Work-Related Injuries: Is it Still Lawful?
April 30, 2010

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