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What employee actions (or inactions) are considered disqualifying events under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? A disqualifying event is generally defined as a failure or refusal to provide necessary information. Here are the specific circumstances 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. This article series examines similarities and differences between […]
As part of the negotiations for a new hire’s total compensation package, the candidate has asked the company to waive the health benefits eligibility period and start benefits immediately. Can the company agree to this for some new hires and not others? Would this put the company in jeopardy of potential discrimination claims?
This article series examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Here we take a look at employee notice requirements under both laws.
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)?
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.
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 […]
What questions are employers prohibited from asking a job candidate under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA)?
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 […]