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Employee returning from FMLA leave? It’s OK to ask about his ability to do the job

After employees take medically re­­lated FMLA leave, they sometimes aren’t able to physically perform their jobs. Employers can certainly raise the issue with the employee and can even terminate the employee if he or she can’t perform the job. Just make sure you keep the ADA limitations in mind.

5 questions & answers about accommodating mental disabilities


The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

EEOC lawsuit shows ADA mental disability peril

Golden Living Center, a nursing home in Dartmouth, faces an EEOC disability discrimination lawsuit in a case that highlights the difficulty of dealing with mental disabilities under the ADA.

When FMLA and ADA could be factors, consider both laws before denying return to work

An employee who takes FMLA leave is entitled to return to his job (or an equivalent one) when his leave is up if he can perform that job without any accommodation. However, if the employee is disabled under the ADA, he may be entitled to a reasonable accommodation under that law.

Don’t push for exam if employee can do job

Never automatically assume an employee who is performing well is disabled—even if you observe what you think are signs of a disability. It could mean losing big if the employee sues.

Disability harassment costs Glenview company $70,000

The Glenview-based Family Video chain has agreed to settle a disability discrimination suit filed by a former employee of a store in New York who suffers from depression and social anxiety disorder.

Employee leave: When does the FMLA stop, and ADA begin?

FMLADA! Sometimes employment laws just look all blurry. Where does one law stop and the other law start? One court last month answered this question with a bright-line finding. The ADA doesn’t always have to kick in after FMLA leave …

Place disabled worker on leave while mulling accommodations

What can you do if an employee presents you with medical restrictions that limit his ability to perform essential functions of his job? If it’s clear he can’t actually do the job, you can place him on leave.

Disability discrimination law in Ohio a mess that needs cleaning up

It is illegal in Ohio for an employer to discriminate because of the em­­­ployee’s disability. But it’s not always easy to figure out who this proscription covers, because Ohio’s statute and the federal ADA have their own respective definitions of “disability,” which vary slightly.

EEOC tries to clarify rules on H.S. diploma requirement

After the EEOC’s informal discussion letter about ­employers’ use of high school diplomas as a hiring prerequisite “caused significant commentary and conjecture,” the EEOC decided last month to issue additional guidance to help clarify the issue.