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Pennsylvania

OK to demand proof of full health after FMLA

07/02/2014
Qualified employees who take FMLA leave for their own serious health conditions are entitled to return to their old jobs or equivalent ones once their leave is over. But that’s only true if they are fully healed and able to do their jobs.

Respond ASAP to complaints about stereotyping

07/02/2014
You may have read that stray comments aren’t enough to create liability. That’s true. However, when those comments are “pervasive and regular,” it’s another matter. And the line between stray and regular is anything but clear.

Suspect an employee is being harassed? Ask if she wants an investigation

06/11/2014
Some employees may be embarrassed when they experience sex­­ual harassment. They may feel too uncomfortable to come right out and repeat offensive comments they heard. What should HR do?

Is telecommuting a more ‘reasonable’ ADA accommodation?

06/02/2014
A recent court case raises a growing issue: Just because a company has a building, do workers need to show up there to get their jobs done?

Change in grooming policy triggers religious bias suit

06/02/2014
A long-time security guard in the Philadelphia School District has filed a religious discrimination suit following the district’s decision to change its grooming policy. The new policy says male employees’ beards can be no longer than a quarter of an inch.

No unemployment benefits just because of long commute

06/02/2014
A Pottstown, Pa. teacher who quit rather than accept a transfer won’t receive unemployment benefits following a Com­­mon­­wealth Court ruling.

Federal judge strikes down Pa. state ban on same-sex marriage

06/02/2014
Citing last June’s U.S. Supreme Court decision in Windsor v. US, federal district judge John E. Jones has invalidated Pennsylvania’s ban on same-sex marriage. The decision could eventually force employers to revamp benefits programs to include employees’ same-sex spouses.

Employer gets to choose ADA reasonable accommodation

06/02/2014
Sometimes, there are several ways to  accommodate a disabled employee. As long as the one the em­­­­ployer chooses is reasonable, the employee can’t claim an ADA violation.

State employees can’t double-dip on FMLA claims

06/02/2014
Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.

Think carefully about how work restrictions will play out following FMLA leave

06/02/2014

What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.