Blog Posts | Jackson Lewis

Disability Access Litigation and ComplianceBlog Posts

Employee Rejects FMLA Leave Offer, Resigns, Claims Employer Denied Him Leave and Failed to Accommodate His Depression Sometimes it is unclear whether the employee is requesting leave that might be covered by the FMLA. This is not one of those situations. In Kobus v. The College of St. Scholastica, Inc., when the plaintiff told his supervisor in November 2006 that he would need to take time off for “stress and anxiety,” the … Continue reading Employee Rejects FMLA Leave Offer, Resigns, Claims Employer Denied Him Leave and Failed to Accommodate His Depression June 29, 2010	Cleaning Mom’s Flooded Basement Is Not “Caring for” Mom Under FMLA Cleaning mom’s flooded basement is not “caring for” mom under the FMLA, according to a Michigan federal district court. Because the three days of flood cleaning were not excused by the FMLA, the employer did not violate the FMLA by terminating plaintiff’s employment under its absence policy, according to the court. In Lane v. … Continue reading Cleaning Mom’s Flooded Basement Is Not “Caring for” Mom Under FMLA June 27, 2010	Leave as a Reasonable Accommodation Under the ADA Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies–which resulted in a “record-setting” $6.2 … Continue reading Leave as a Reasonable Accommodation Under the ADA June 23, 2010
DOL “Interpretation” of FMLA Rules Expand Protections for Non-Traditional Families The U.S. Department of Labor issued today an Administrator’s Interpretation of the FMLA Regulation defining "in loco parentis" relationships as part of the FMLA’s definition of "son" or "daughter". Is this "big news" and, if so, why? One could always argue that individuals standing ‘in loco parentis" to a child covered under the FMLA could take FMLA leave for the birth or adoption … Continue reading DOL “Interpretation” of FMLA Rules Expand Protections for Non-Traditional Families June 22, 2010	Within Range But Overweight? Not Your Typical Weight Discrimination Case Some call obesity the next smoking, meaning that now that employers have had a multi-faceted attack on reducing health costs related to smoking, they will move on to obesity. The CDC reports that about 34% of U.S. adults are obese, while about 20% of adults smoke. The rate of obesity has been growing rapidly, … Continue reading Within Range But Overweight? Not Your Typical Weight Discrimination Case June 7, 2010	Can Wellness Programs Address Growing Obesity Risks During Pregnancy? Citing research from the Centers for Disease Control and Prevention, on June 5, 2010, the New York Times reported that one in five women are obese when they become pregnant. The article states "obesity might be contributing to record-high rates of Caesarean section and leading to more birth defects and deaths for mothers and babies." As well illustrated in the NYT … Continue reading Can Wellness Programs Address Growing Obesity Risks During Pregnancy? June 7, 2010
Time To Revisit ADA Medical Inquiry Rules At “Loggerheads” With OSHA Policy When a law, such as the ADA, restricts an employer’s rights to take reasonable, measured steps to promote workplace safety, it ought to be re-examined. Years ago, Justice Souter observed that preventing employers from considering "risk to self," an ADA rule many disability rights advocates had sought, would have put the ADA at "loggerheads" with federal OSHA policy requiring employers to ensure the … Continue reading Time To Revisit ADA Medical Inquiry Rules At “Loggerheads” With OSHA Policy June 3, 2010	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

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