Employer Best Practices: "Leave" as a Reasonable Accommodation Under the ADA
Thanks to those who attended my webinar last week with EEOC Regional Attorney John Hendrickson on "Examining the Use of 'Leave' as a Reasonable Accommodation Under the ADA." If you missed the program,...
View ArticleThe Best of FMLA from 2011 and What's In Store for Employers in 2012
First, a heartfelt THANK YOU for following our FMLA Insights blog in 2011. In 2011, our most popular blog entries involved two general topics: 1) employers' best practices for FMLA administration; and...
View ArticleEmployer Best Practices for Analyzing Whether Leave Beyond FMLA is an "Undue...
The scenario is all too common: An employee takes and exhausts 12 weeks of FMLA leave and still cannot return to work. At this point, the employer is left with a dilemma -- does it terminate...
View ArticleAn "Indefinite Reprieve" of Essential Functions of Job Not a Reasonable...
In light of the EEOC's litigation over automatic termination provisions under the ADA (we've beaten you over the head with it here and here), employers generally feel as though they have no clue as to...
View ArticleFailure to Provide Additional Leave as ADA Accommodation Could Prove Costly...
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when...
View ArticleCan an Indefinite Leave of Absence Be a Reasonable Accommodation?
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave...
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