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Kansas

Without FMLA notice, no FMLA leave required

02/22/2019
Employees have to let their employers know when they need FMLA leave. Although they don’t have to specifically mention the FMLA, they do have to pass on enough information so the employer can reasonably understand that’s what the employee is requesting.

No absolute requirement to notify laid-off workers that their jobs are open again

02/22/2019
Sometimes, workers who are laid off are told they’re eligible for rehire. But absent a specific promise to call if there’s a job opening, employees can’t wait months or years to complain about discrimination when they discover the job was open and someone else filled it.

Indefinite leave not reasonable accommodation

02/22/2019
Under the ADA, employees who are disabled and have used up all available leave (such as sick leave and FMLA leave) may be eligible for more time off as a reasonable accommodation. But the right to additional unpaid leave isn’t unlimited.

Sometimes, it’s impossible to accommodate disability

02/04/2019
There are limits to what’s considered a reasonable ADA accommodation.

Appeals court rules against health-care employee who refused vaccine

02/04/2019
The ADA prohibits employers from forcing employees to undergo medical testing before being offered a job. Employers should always be prepared to justify testing before requiring employees to participate.

Insist on working within medical restrictions

02/04/2019
The ADA doesn’t require employers to let disabled employers test the limits of their abilities in ways that may lead to injury.

8th Circuit refuses to entertain sweeping expansion of religious discrimination claims

01/02/2019
The EEOC has argued that merely requesting a religiously based reasonable accommodation is protected activity and that any adverse employment action that follows may be retaliation for making the request. But the 8th Circuit declined the invitation.

Travel reimbursements could be FLSA wages

01/02/2019
Under IRS rules, employers that provide a payment for travel expenses in lieu of requiring proof that workers incurred expenses don’t have to withhold taxes or contribute to and remit Social Security taxes based on the payment. But the Fair Labor Standards Act treats such payments differently.

Disability accommodation may be impossible

11/21/2018
Under the ADA, employers must try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. But in fact, there may be times when no accommodation is possible.

8th Circuit just made it easier to negotiate settlements

10/29/2018
Getting court approval for settlements just got easier in the 8th Circuit. The court said it’s not inclined to second-guess agreed-upon settlement details.