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Katrin U. SchatzBlog Posts

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Dallas Joins the Fray – Will Paid Sick Leave Prevail in Texas?

Over the next several months, the fate of local paid sick leave laws may well be decided by the Texas legislature. But while lawmakers continue to debate whether Texas cities should be prohibited from establishing their own paid sick time mandates, efforts to expand their reach are marching forward. Last week, the City of Dallas...… Continue Reading The post Dallas Joins the Fray – Will Paid Sick Leave Prevail in Texas? appeared first on Disability, Leave & Health Management Blog.
April 29, 2019

FMLA Leave for Chronic Health Conditions Requires Proof of Periodic Doctor’s Visits

When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized.  The Pennsylvania federal court’s recent decision in Watkins v. Blind and Vision Rehabilitation Services of Pittsburgh alerts us that this is not always a wise approach. In evaluating FMLA leave entitlements, verifying...… Continue Reading The post FMLA Leave for Chronic Health Conditions Requires Proof of Periodic Doctor’s Visits appeared first on Disability, Leave & Health Management Blog.
October 6, 2018

ADA Compliance Challenges: Navigating the Over-accommodation Conundrum

Make no mistake about it: ADA compliance can be challenging.  This is especially true when it comes to providing reasonable accommodation.  Not uncommonly, managers wanting to do the right thing actually provide more than the law requires.  Although well-intentioned, this practice often leads to conflict if more generous accommodations are later scaled back. Thankfully, a recent...… Continue Reading The post ADA Compliance Challenges: Navigating the Over-accommodation Conundrum appeared first on Disability, Leave & Health Management Blog.
September 1, 2017

When Is Reassignment to an Intermittent Position Required as an ADA Accommodation?

The Americans with Disabilities Act (“ADA”) generally requires employers to provide reasonable accommodation to disabled employees so that they can perform the essential duties of their jobs. This is not news. But what if no feasible accommodation can be identified in an employee’s existing position? Employers are often uncertain about whether they must offer reassignment to...… Continue Reading The post When Is Reassignment to an Intermittent Position Required as an ADA Accommodation? appeared first on Disability, Leave & Health Management Blog.
June 6, 2017

What Should I Tell Employees on Leave About Their FMLA Usage? Everything!

When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom.  Details matter.  A lot.  A recent decision by an Illinois federal court reinforces that lesson.  In March 2015, Amanda Dusik contacted her employer, Lutheran Child and Family Services (LCFS), to request time off for knee surgery.  She explained that, … Continue Reading The post What Should I Tell Employees on Leave About Their FMLA Usage? Everything! appeared first on Disability, Leave & Health Management Blog.
May 3, 2017

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such as Williams v. AT&T Mobility Services LLC are providing much-needed guidance regarding the scope of an employer’s duty to accommodate. The Williams case illustrates how carefully-designed policies, frequent communication, … Continue Reading The post Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds appeared first on Disability, Leave & Health Management Blog.
February 15, 2017

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in Wink v. Miller Compressing Company highlights, making abrupt changes in leave accommodations or providing misinformation about leave … Continue Reading The post A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You appeared first on Disability, Leave & Health Management Blog.
January 17, 2017

Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?

Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service. Evidence that a supervisor retaliated because of an employee’s workers’ compensation claim does not itself prove the supervisor also retaliated because the employee took concurrent … Continue Reading The post Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation? appeared first on Disability, Leave & Health Management Blog.
December 19, 2016

Court Again Approves Safety-Based Medical Examination without Individualized Assessment

Does an employer violate the Americans with Disabilities Act (ADA) if it requires an entire class of employees to undergo a medical examination without assessing each class member’s individual characteristics? Filling a relative void in case law, the Eighth Circuit recently said no – at least where the employer has credible safety concerns and seeks … Continue Reading The post Court Again Approves Safety-Based Medical Examination without Individualized Assessment appeared first on Disability, Leave & Health Management Blog.
November 21, 2016

Finding the “Implicit” Accommodation Request

It is common gospel that when a qualified disabled employee requests accommodation under the Americans with Disabilities Act (“ADA”), both employer and employee must engage in an interactive dialogue to discuss the options.  But what happens when an employee merely identifies a disability but never asks to be accommodated?  In a recent decision, a sharply divided … Continue Reading The post Finding the “Implicit” Accommodation Request appeared first on Disability, Leave & Health Management Blog.
October 25, 2016

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