Curbing FMLA Abuse
Ask most HR managers what their biggest headache is, and about 90 percent say “FMLA.” From eligibility to notifications to managing intermittent leave, it’s an ever-present problem.
Tag: ADA
Safety Risks–Can You Require Physicals of All Employees?
Yesterday’s Advisor explored tips for dealing with safety and disabilities. Today, we’ll give you some tips on periodic medical exams for safety-sensitive positions and an introduction to a new wellness system that might help. Thanks once again to expert Lindsay E. Harris, senior counsel at Speer Associates/Workplace Counsel, an employment law and employee relations consulting […]
Dangerous Discussion: ‘Your Disability Makes You a Safety Risk’
What’s the smart move for HR managers who think an employee poses a safety risk? May you ask questions? May you demand a physical? Today’s expert sorts it out. The Americans with Disabilities Act (ADA) does limit your freedom to make disability-related inquiries relating to safety risks, says attorney Lindsay E. Harris. However, with proper […]
Using Surveillance to Investigate Workers’ Suspicious FMLA Medical Claims
Employers face a real challenge in meeting client and customer needs when staff members take time off work under the Family and Medical Leave Act (FMLA) or ask for extensive disability accommodations under the Americans with Disabilities Act (ADA). But what’s already a difficult situation can become downright aggravating when you have reason to believe […]
EEOC: ADA Allows You to Discipline the Disabled
The Equal Employment Opportunity Commission (EEOC) has issued a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues. According to the new guide, employers can apply the same performance standards to all employees, including those with disabilities. It also points out that the […]
More Workers Protected from Disability Discrimation under ADA Amendments Act
by Burton J. Fishman Fortney & Scott, LLC Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, President George Bush […]
Congress Approves Expanded Disability Bias Protections–Get Ready for the Changes
Last week, Congress approved important legislation, the ADA Amendments Act of 2008 (S. 3406), to amend the Americans with Disabilities Act to provide broader protections for disabled workers and turn back the clock on Supreme Court rulings that Congress deemed too restrictive of disabled employees’ rights. President Bush is expected to sign the Act, and […]
EEOC Opinion Letter Addresses ADA and PTSD
(Updated February 4, 2010) In March of 2008, the Equal Employment Opportunity Commission (EEOC) addressed an issue employers may face more frequently than ever before: What obligations does the Americans with Disabilities Act (ADA) place on employers with regard to employees who have posttraumatic stress disorder (PTSD)? HR Guide to Employment Law: A practical compliance […]
Can I Fire an Employee for Being Loud?
Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]
Can I Fire an Employee for Being Loud?
Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]