News & Analysis as of

Reasonable Accommodation Leave of Absence Medical Leave

Holland & Hart - Employers' Lawyers

Pay Obligations During Doctor-Recommended Leave of Absence

Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more

Parker Poe Adams & Bernstein LLP

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

Sands Anderson PC on

Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

Pullman & Comley - Labor, Employment and...

Reduce Your Risk of Employment Claims in 2023 - Tips #3 and #4

This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more

Venable LLP

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

Venable LLP on

Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

Bradley Arant Boult Cummings LLP

Leave as a Reasonable Accommodation Continues to Vex Employers

Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

Laner Muchin, Ltd. on

In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Burr & Forman

Employer Preparation for Coronavirus (COVID-19)

Burr & Forman on

As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

Proskauer - California Employment Law

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

Parker Poe Adams & Bernstein LLP

Employee's Request for Leave Triggered ADA Accommodation Obligations

The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the...more

Littler

Canada: How to Manage Unresponsive Employees on Leave

Littler on

Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At...more

Seyfarth Shaw LLP

It’s Not A Choice – The DOL Emphasizes That Employers Must Designate FMLA Leave When It Applies

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave....more

Proskauer - California Employment Law

California Jury Rejects Employee’s Discrimination Claims Against Chipotle

Proving it still is possible to obtain a favorable jury verdict in California, a federal jury sided with Chipotle Mexican Grill last Wednesday in a case involving disability discrimination claims by former assistant store...more

U.S. Equal Employment Opportunity Commission...

Wilmington Trust Corporation to Pay $700,000 to Settle EEOC Disability Discrimination Suit

Predecessor Hudson City Savings Bank Denied Disability Accommodations to Employees, Federal Agency Charged - NEW YORK - Wilmington Trust Corporation, a Delaware corporation and wholly owned subsidiary of M&T Bank...more

Burr & Forman

How Much Leave is Too Much? Determining When an Employer May Deny or Stop an Extended Medical Leave of Absence

Burr & Forman on

Employers continue to face challenges managing employee requests for additional or extended medical leaves of absence for employees who are not eligible for or have exhausted FMLA leave. The Equal Employment Opportunity...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Fisher Phillips

How To Ensure ADA Compliance And Stay Off The EEOC’S Most-Wanted List

Fisher Phillips on

Even though the #MeToo movement has rightfully commanded overwhelming attention during the past year or so, supervisors cannot afford to lose sight of their substantial legal duties in complying with the Americans with...more

U.S. Equal Employment Opportunity Commission...

Triton Management Services to Pay $110,000 To Settle EEOC Disability Lawsuit

Management Services Company Denied Medical Leave to Employee Then Fired Her, Federal Agency Charged - SAN DIEGO, Calif. -Triton Management Services, LLC, headquartered in Carlsbad, Calif., agreed to pay $110,000 and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Oceanic Time Warner Cable / Spectrum for Disability Discrimination

Communication Company's Inflexible Leave and Attendance Policies Deny Employees Reasonable Accommodations, Federal Agency Charges - HONOLULU, Hawaii - Oceanic Time Warner Cable LLC, doing business as Spectrum, violated...more

Polsinelli

Navigating FMLA: May An Employee Be Entitled to Leave Beyond 12 Weeks?

Polsinelli on

In certain circumstances, an employee may begin a leave of absence prior to being eligible to take leave pursuant to the Family and Medical Leave Act (“FMLA”). ...more

FordHarrison

Advantage Serena: Employment Issues Raised by Tennis Star’s Return to Work

FordHarrison on

Serena Williams is one of the greatest athletes of all time–man or woman–period. In her 25-year professional career, she has dominated on the tennis court by winning nearly 40 major titles (singles and doubles). Roger...more

Genova Burns LLC

Be Reasonable: Employees May Not be Able to Request a “Few Weeks or a Few Months” of Leave as an Accommodation Under the ADA

Genova Burns LLC on

The Third Circuit Court of Appeals recently determined that a request for indefinite leave is not a reasonable accommodation under the Americans with Disabilities Act (“ADA”). ...more

U.S. Equal Employment Opportunity Commission...

Nevada Restaurant Services to Pay $3.5 Million To Settle EEOC Disability Discrimination Lawsuit

Las Vegas Gaming Company Systemically Discriminated Against Employees On the Basis of Disability, Federal Agency Charged - LAS VEGAS - Nevada Restaurant Services, a large Las Vegas-based gaming company that operates slot...more

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