ADA

New DOL guidance on FMLA leave to care for adult children

01/14/2013

It has always been understood that employees are entitled to take FMLA leave to care for minor children with serious health conditions. But it’s been less clear how the FMLA applies to employees who need time off to care for an adult son or daughter. Now the U.S. Department of Labor has weighed in with guidance.

Consider more leave, different job as ADA accommodation after FMLA leave expires

01/11/2013

When an employee works in a demanding position and has a medical crisis, he may not be able to return quickly to his old job. It’s entirely possible he may use all available FMLA leave and other accrued leave and still receive clearance to work. That doesn’t mean his employer isn’t obligated to try to reasonably accommodate him.

Internet Addiction Disorder: The Newest Disability?

01/09/2013

The DSM-5, the official psychiatrist’s diagnostic manual, has accepted Internet addiction disorder for inclusion, albeit in a section devoted to conditions that require further research. What does this mean for your workplace? If Internet addiction is a psychiatric disorder, then employees who suffer from it may be protected by the ADA. This development has potentially significant implications for your workplace …

ADA: Don’t let procedural hurdles stop accommodations process

01/09/2013

Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.

After FMLA ends, consider offering more leave

01/03/2013

Do you have a draconian FMLA leave policy that requires automatic termination for employees who use up their entitlement before being cleared to return to work? If so, you’re playing with fire.

Beware ADA claims if alleged victim isn’t satisfied with harassment investigation

12/30/2012

Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.

Asking for workers’ comp isn’t ADA-protected

12/19/2012

The ADA protects disabled employees from retaliation for claiming their right to accommodation and freedom from discrimination. But it’s sometimes tough to prove disability under the ADA, requiring a fairly serious medical condition.

What are our obligations to smell-sensitive employee and her co-workers?

12/18/2012

Q. Our office of about 30 people has been “asked” to stop using perfume and any other type of product that contains a fragrance because one employee claims those smells “bother” her. Everyone else feels this unfairly restricts the freedoms of the majority. Is there any legal backing to either side of this debate?

What Obama administration’s second term means for employers

12/18/2012

With President Obama taking the oath of office this month, employers are wondering what his second term will mean for them. Here is a sampling of the issues.

Caregiver leave: Was this firing disability discrimination?

12/12/2012

A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.

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