Tag: ADA
Ask the Expert: Is Employee Entitled to Leave for Infertility Treatments?
An employee is claiming that they are unable to perform an essential function of their job due to infertility treatments and may potentially need to miss work as a result. How should this be treated under FMLA, ADA, and/or the Pregnancy Discrimination Act (PDA)?
ADA and FMLA Compared: What Postoffer Inquiries and Examinations Are Allowed?
This article series examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) so that you can stay in compliance when both laws apply. Here, we compare what types of postoffer inquiries and examinations are permitted under each law.
The Skinny on Interviewing Candidates with ADHD
In yesterday’s Advisor we discussed some of the implications of interviewing candidates who might have ADHD. Today we’ll look at what you can and cannot do during an interview before and after an offer is made. See yesterday’s article for more information on the symptoms of Attention Deficit Hyperactivity Disorder (ADHD), as well as considerations […]
Preemployment Inquiries under the FMLA and ADA: What’s Prohibited?
What questions are employers prohibited from asking a job candidate under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA)?
Alcoholism, FMLA, and ADA
By Susan Schoenfeld, JD Recent statistics from the National Institute on Alcohol Abuse and Alcoholism reveal that 16.6 million adults aged 18 and older have an alcohol use disorder, including 10.8 million men and 5.8 million women. Many of these adults are also employees, raising the issue of what an employer must do to address […]
I’m Interviewing a Candidate with ADHD—What Do I Do?
What if, during an interview, an applicant asks you to bear with him or her because he or she has attention-deficit hyperactivity disorder (ADHD)? What if you subsequently decided not to hire that candidate? Have you exposed your company to liability? When you consider that 1 in 25 adults has some form of ADHD, it’s […]
ADA and FMLA: What Are Your Notice and Posting Requirements?
By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson This article series examines similarities and differences between the Family and Medical Leave Act (FMLA and the so that you can stay in compliance when both laws apply. Here, we compare the notice and posting requirements for employers under each law.
Ask the Expert: FMLA
We found numerous, significant errors by an employee while she was out on FMLA. The employee was on leave for mental impairments that are considered disabilities under the ADA. (When she returned from leave, she was transferred to another office pending further investigation of the errors.) Can we terminate her for her performance prior to […]
What Employees Are Eligible Under the ADA and FMLA?
Both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) often apply to employees who are seriously ill or injured. When this happens, employers may be required to grant leave and to accommodate the employee under both the FMLA and the ADA.