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Tasos C. PaindirisBlog Posts

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Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds

An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held. Weber v. BNSF Railway Co., No. 20-10295 (5th Cir. Feb. 24, 2021). This provides guidance for employers unsure whether...… Continue Reading
March 11, 2021

Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds

An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held. Weber v. BNSF Railway Co., No. 20-10295 (5th Cir. Feb. 24, 2021). This provides guidance for employers unsure... Continue Reading
March 11, 2021

Employer’s Additional Notice Requirement for Requesting FMLA Leave Dooms Attempt to Dismiss Employee’s Interference Claims

Employees who take FMLA leave may be required to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. If the employee does not follow these requirements, the employer may delay or deny FMLA-protected leave.  But what happens if the employer’s policy has different notice requirements for FMLA leave than for...… Continue Reading The post Employer’s Additional Notice Requirement for Requesting FMLA Leave Dooms Attempt to Dismiss Employee’s Interference Claims appeared first on Disability, Leave & Health Management Blog.
August 6, 2019

What Did She Say? Dispute Over Content of Voicemails Requires Jury Trial on FMLA Claims

An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave.  In situations where the leave is due to a qualifying reason for which the employer previously provided the employee FMLA leave, the employee must specifically reference either the qualifying reason for leave or the need for...… Continue Reading The post What Did She Say? Dispute Over Content of Voicemails Requires Jury Trial on FMLA Claims appeared first on Disability, Leave & Health Management Blog.
February 13, 2019

Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business

With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation.  The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Knife Management, LLC (S.D. Fla....… Continue Reading The post Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business appeared first on Disability, Leave & Health Management Blog.
October 15, 2018

Court Finds Standing Requirement for ADA Title III Claim Requires Plaintiff To Have “Concrete and Realistic” Plan to Return to the Hotel

A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims.  In Kennedy v. Cape Siesta Motel (MD FL Oct 4, 2018) the Plaintiff claims she encountered architectural barriers upon her visit to...… Continue Reading The post Court Finds Standing Requirement for ADA Title III Claim Requires Plaintiff To Have “Concrete and Realistic” Plan to Return to the Hotel appeared first on Disability, Leave & Health Management Blog.
October 8, 2018

Another Court Decides That Extended Leave is Not a Reasonable Accommodation

As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s Hospital (E.D. Ark. Oct. 3, 2018) an employee was unable to work after exhausting her FMLA leave but...… Continue Reading The post Another Court Decides That Extended Leave is Not a Reasonable Accommodation appeared first on Disability, Leave & Health Management Blog.
October 4, 2018

Are You Interfering With FMLA Rights If You Offer The Option to Work During Leave?

Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time.  If the employee asks to work limited hours while taking time off to care for a family member that is generally treated as a...… Continue Reading The post Are You Interfering With FMLA Rights If You Offer The Option to Work During Leave? appeared first on Disability, Leave & Health Management Blog.
April 30, 2018

Donations Not Accepted – ADA Does Not Require Continued Use of Leave Donation Program

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues.  A dilemma often faced by employers with these policies is whether continued use of such donated time means the employee is not performing the essential function of attendance.  On the one hand, the employee...… Continue Reading The post Donations Not Accepted – ADA Does Not Require Continued Use of Leave Donation Program appeared first on Disability, Leave & Health Management Blog.
March 14, 2018

Alabama Court Decides an Individual with a Partially Amputated Foot is not Disabled Under the ADA

The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability within the meaning of the statute.  As a result employers have been accepting many...… Continue Reading The post Alabama Court Decides an Individual with a Partially Amputated Foot is not Disabled Under the ADA appeared first on Disability, Leave & Health Management Blog.
January 30, 2018

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