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Showing 10 posts in Disability & Medical Leave.

Wisconsin Supreme Court Mints New Test for Determining Discriminatory Intent in Disability Cases

In a huge win for Wisconsin employers, the Wisconsin Supreme Court rejected the longstanding version of the inference method followed by the Labor Industry Review Commission (LIRC) to determine intent in disability discrimination cases involving conduct that manifests from the employee’s disability. It replaced LIRC’s method with a two-part inquiry that requires employees to prove (1) the employer took an adverse employment action against him or her because of conduct caused by his or her disability, and (2) the employer knew the employee’s conduct was caused by his disability. More ›

Taking Work Restrictions Seriously: The EEOC Is Targeting “100% Healed” Policies as Systemic Disability Discrimination

A “100-percent healed” policy refers to a practice or procedure that mandates that an employee be released to work by his physician without any restrictions before he may return to work. For example, if an employee who took FMLA leave for carpal tunnel surgery was released to return to work with a reasonable restriction, e.g., 10 minute break after every hour of prolonged typing, a 100-percent healed policy would prevent the employee from returning to work, perhaps altogether if the restriction becomes permanent. More ›

Trust the Process: Relying on Existing Law or Policy is not an ADA Defense Says Third Circuit

Many times, employers evaluate disability claims by simply checking the boxes. It’s easy to develop tunnel vision, especially when the employer feels the issue is narrowly defined by an existing law or policy, e.g., a law or employer policy requiring that certain employees be vaccinated. However, this narrow frame of mind may cause employers to miss the complete picture. A recent 3rd Circuit Court of Appeals (DE, NJ, PA) decision illustrates the consequences of missing the big picture. In Ruggiero v. Mount Nittany Medical Center, the court addressed the interplay between a hospital’s vaccination policy and the ADA, holding held an employee’s ADA claim could proceed because the hospital failed to engage in the interactive process. The Court held the hospital had a duty to engage in the process once aware of her disability and request for accommodation, regardless of its policy requiring that all employees be vaccinated. More ›

California Employer Win – Multiple Month Leave Without Finite Return Date Is Not a Reasonable Accommodation

A recent Southern District of California court decision provides California employers with additional guidance on what constitutes a reasonable accommodation. More ›

Seventh Circuit Holds a Multi-Month Leave is Not a Reasonable Accommodation

Last week the Seventh Circuit dealt a blow to the EEOC's continued position that medical leave is a reasonable accommodation when the leave is (1) of a definite, time-limited duration; (2) re-quested in advance; and (3) likely to enable the employee to perform the essential job functions upon return. The panel rejected that position, noting it glossed over the length of the requested leave, improperly transforming the ADA into "an open-ended extension of the FMLA." More ›

New York Paid Family Leave: Tax Implications and Guidance

The New York State Department of Taxation and Finance (“Department”) recently released its guidance on the tax implications of the New York Paid Family Leave Benefits (“PLF”) law for New York employees, employers, and insurance carriers. Effective January 1, 2018, PFL will provide eligible employees with up to 8 weeks of pay for a leave of absence when the leave is necessary to care for a family member’s serious health condition, care for or bond with a new child, or to help with family responsibilities when the employee’s spouse, domestic partner, child or parent is called to active military duty. The weeks available for paid leave will increase each year until 2021, with ten weeks available 2019-2020 and twelve in 2021 and subsequent years. More ›

EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave

You have complied with the Family Medical Leave Act by allowing an employee with a serious medical condition 12 weeks of leave. You even provided a few additional weeks even though he has exhausted all available leave. When the employee asks for three more weeks, and you think to yourself “the company has met its legal obligations and can terminate, right?” Wrong—according to the EEOC. More ›

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

On Monday, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her status as a medical marijuana patient. More ›

Employee’s Inability to Meet Job’s Attendance Requirements Divests Her of ADA Protections Sixth Circuit Holds

The converging paths of the Family Medical Leave Act’s (FMLA) and the Americans with Disabilities Act (ADA) ranks among the most difficult legal issues for employers to safely traverse. Employers should think twice before terminating an employee who cannot return to work after 12 weeks of FMLA leave. This is because courts across the country have held that additional leave may be a necessary reasonable accommodation under the ADA. The question then becomes, how much additional leave does one need to provide an employee before he or she is no longer protected by the ADA. More ›

Oakland Minimum Wage and Sick Leave Requirements take Effect this Week

Employers in Oakland, California take note: A voter-approved measure raising Oakland's minimum wage and creating sick leave requirements for workers in the City went into effect this week. If you have employees in Oakland, review your policies and practices to make sure you are in compliance! More ›

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