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ADA

You can discharge disabled employee if there’s no way to know when she’ll return

06/22/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return to work. As long as the employee isn’t covered by the FMLA (in which case, she would be entitled to 12 unpaid weeks of leave), you can terminate her without violating the ADA.

When does ADHD count as a protected ‘disability’?

06/22/2009

Do you have employees who are easily distracted, restless, disorganized and forgetful? Maybe that’s just who they are—or maybe they’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). It’s an “invisible” disability, but one court recently said employers shouldn’t be so fast to discount it. A disability is a disability … whether you can see it or not.

Mandatory overtime and the ADA

06/22/2009

Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours?

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

On-demand leave isn’t reasonable accommodation

06/12/2009

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.

OK to deny reinstatement if returning worker can’t perform essential job functions

06/05/2009

Employees who have been injured may try to return to positions for which they are no longer qualified because they still suffer limitations on the work they can do. Employers are free to deny reinstatement if the employees’ new limitations mean they can’t perform the essential functions of their jobs, even with accommodations.

Suspect worker isn’t disabled? See if he’s working elsewhere

06/05/2009

Some employees have minor medical conditions they claim make it impossible to perform some aspect of their jobs. They want accommodations, assuming they will meet the ADA disability definition. If you want to challenge such a disability claim, check to see whether the employee is working elsewhere.

How can we prepare for a flu pandemic?

06/05/2009

Q. I am very concerned about the H1N1 flu outbreak, especially if it flares up again this fall. Are there are steps I should take to prepare my business if an employee contracts the illness?

How to cope with a seriously ill employee: 4 steps

06/01/2009
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Are you ill prepared? 13 steps to stay ahead of the H1N1 virus

06/01/2009

In light of the H1N1 virus pandemic scare, now’s the time to make sure your organization has an effective pandemic plan in place. As public health officials prepare for a vaccination campaign this fall, here are 13 steps you can take to deal with H1N1.