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ADA

Consider ADA needs, FMLA requests separately

11/09/2009

Employees who aren’t disabled under the ADA can still be eligible for FMLA leave because a health condition can be serious without being a disability. That means you really need to consider requests for ADA accommodations separately from any requests for FMLA time off. Don’t make the mistake of assuming that denying an ADA accommodation means you can deny FMLA leave, too.

Can we require employees to get flu vaccine?

11/09/2009

Q. Can I require my employees to be vaccinated against the flu? I am concerned about the impact H1N1 will have on my business if it spreads among my employees, and a large group needs to take time off.

Can I hold obesity against job applicants?

11/09/2009

Q. Can I implement a rule against hiring people who are overweight?

Sears pays $6.2 million in record-setting ADA class-action settlement case

11/03/2009

Sears agreed last month to a $6.2 million settlement with the EEOC over charges that it violated the ADA. This is the largest ADA settlement in a single lawsuit in ADA history.

Know the leave factors to consider when the FMLA and the ADA might both apply

11/02/2009

Many employers believe that if an employee needs accommodations for a disability that’s related to the same serious health condition covered by the FMLA, they don’t have to provide any additional leave once the employee has used 12 weeks of FMLA leave. That’s not always true. In fact, additional unpaid leave after FMLA leave has been exhausted may be a reasonable accommodation under the ADA.

Must we honor 8-hour limit for arthritis?

10/31/2009

Q. An employee brought in a doctor’s note that said, “Employee can work only eight hours a day due to arthritis.” I don’t think that’s an ADA disability. Is it a violation of ADA if we don’t honor this restriction?

Shine a light on SAD, ADA accommodations and the FMLA

10/30/2009

As the winter months set in, some people may notice that they feel more tired, experience weight gain or struggle to get out of bed in the morning. While the majority of people who experience these symptoms have nothing more serious than the “winter blues,” others suffer from a potentially debilitating condition known as seasonal affective disorder (SAD). Be careful not to brush off employees who complain of SAD.

Accommodating disabled employees: Updated DOL web site makes your job easier

10/27/2009

When employees say they’re having trouble completing their job duties because of their ADA-qualifying disabilities, employers are required to enter into an “interactive process” to find accommodations that allow them to perform the job’s essential functions. That’s where the newly updated, redesigned Job Accommodation Network (JAN) site can come in handy.

Attempted suicide: Proof of disability … or grounds for dismissal?

10/27/2009

Effective HR pros often have to balance sensitivity and compassion with hard-nosed business realities. Never will that dichotomy be more severely tested than when an employee attempts suicide. Then you’ll have to consider the employee’s situation, ADA and FMLA rules … and your obligation to maintain an environment that’s safe for other workers.

Know the FMLA, ADA rules when employee asks for time off to care for disabled relative

10/27/2009

Employees who need to take care of a disabled relative may be eligible for FMLA leave if the disability qualifies as a serious health condition—but only if the employee has worked enough hours to be eligible for FMLA leave. Likewise, employees sometimes think their employers must provide them with reasonable accommodations so they can care for a disabled relative under the ADA’s so-called association clause—that’s simply not true.