Ask the Expert: FMLA Leave to Care for Injured Adult Daughter?
Question: Is an employee eligible for FMLA to care for a 20 year-old daughter that lives with her and was in a bad accident?
Tag: ADA
Did Employee’s Headaches Trigger the Interactive Process?
by James M. Leva, JD, Day Pitney LLP The New Jersey Appellate Division recently ordered a new trial to determine whether an employer failed to engage in the interactive process and accommodate an employee who was terminated after he complained about headache pain.
‘Impossible Demands’ Lead to Disability Discrimination Lawsuit
by John S. Gannon Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. However, problems arise when an employer disagrees with the physician who certifies the employee as […]
To fire or not to fire? Even egregious acts require care before termination
What if you had an employee who apparently showed up to work drunk and then loudly swore at a coworker within earshot of customers? Would you: (A) fire the employee on the spot, (B) investigate and then terminate if evidence shows the accusations are likely true, or (C) let it go to prevent the employee […]
Ask the Expert: Employee on Short-Term Disability Working on His Farm
Question: We have an employee on short-term disability (STD) with a doctor’s note stating he is not fit to return to work. However, we have recently learned the employee is performing work around his farm. Is there anything we need to be doing differently administratively?
Court Considers EEOC Claims that Wellness Program Was Involuntary, Employee Fired for Nonparticipation
In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.
Wellness Lawsuit AARP Versus EEOC: A Quick Recap
Did you know that the American Association of Retired Persons (AARP) has initiated a lawsuit against the Equal Employment Opportunity Commission (EEOC)? If you’re not already in the know about this, it may seem like an unlikely event, given that the two organizations are typically on the same side in matters related to employee rights. […]
Court Declines to Apply ADA’s Benefits Safe Harbor to Employer’s Wellness Incentive
In hearing a recent federal challenge to an employer’s wellness incentive program, a court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply. However, the court dismissed the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that Orion Energy Systems Inc.’s incentive violated the ADA, even though […]
Employers Continue to Face Lawsuits Over 100%-Healed Policies
Employers continue to face both federal charges and private lawsuits over policies that require workers to be fully healed from injuries before returning to work. According to the U.S. Equal Employment Opportunity Commission (EEOC), this means employers aren’t aware of their accommodation responsibilities under the Americans with Disabilities Act (ADA).
Employers Must Accommodate, even if an Employee Never Asks
Usually, an employee bears responsibility for informing her employer that she requires a workplace accommodation. But sometimes, when an employer is aware that the worker needs assistance, it must accommodate even if the employee never asks for help.