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ADA

Workers’ comp leave doesn’t stop ‘FMLA clock’

01/01/2005

Q. An employee took FMLA leave Sept. 1 due to job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open for her indefinitely? —F.W., Nevada

Inability to ‘get along with others’ may qualify employees as disabled

12/01/2004
Perk up your lawsuit radar if you (or one of your organization’s managers) plan to discipline an employee who has emotional problems and difficulty relating to other people. As the following …

Learn how to handle employees with ‘intellectual disabilities’

12/01/2004
If your organization employs, or is considering employing, people with so-called “intellectual disabilities,” obtain a copy of a new EEOC fact sheet that explains how to legally accommodate those employees under …

Govt. Rarely Requires In-House ‘Sick Area’

12/01/2004

Q. Is our company required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this? —V.A., Ohio

Illness controlled by medication may still be considered a ‘disability’

11/01/2004
Here’s a vexing question faced by many HR professionals: Can employees be considered “disabled” under the Americans with Disabilities Act (ADA) even if their disability can be controlled by medication or …

Job descriptions: Craft with precision to avoid bias risk

11/01/2004
THE LAW. While no federal law re-quires your organization to write job descriptions for each employee, it’s a wise legal move that most employers follow. When drafting job descriptions …

Don’t probe applicants about their HIV status

11/01/2004

Q. Is it legal to ask applicants medical questions, specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?” —S.S., California

How must you accommodate people with epilepsy?

10/01/2004
About 2.3 million Americans have some form of epilepsy, which causes occasional seizures.
The Equal Employment Opportunity Commission just published a new fact sheet that explains whether epilepsy is considered …

Review past practices to judge FMLA leave request

10/01/2004

Q. We’re a 24/7 office. Some employees rotate shifts, but our night employees typically work the same shift. After one of our employees gave birth, she asked to be placed on the night shift. We granted her request, but now she says medical reasons require her to be off for five days in a row. We put her back into the regular shift rotation, but she claims her FMLA rights are being violated and wants all employees to rotate shifts, even the night employees. Do we have to do this? —M.L., Ohio

Warn managers: Never disclose ex-employees’ medical data

10/01/2004
Issue: Former employees can sue if your managers blab about employees’ medical conditions to prospective employers. Risk: Ex-employees can file Americans …