One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more
12/15/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Corporate Counsel ,
Disability Discrimination ,
Documentation ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Interactive Process ,
Medical Leave ,
Rehabilitation Act ,
Remote Working ,
Termination
The Department of Labor (DOL) has promulgated temporary regulations to implement provisions of the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) which were enacted as...more
On September 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) and...more
An employee returning from FMLA leave is generally entitled to reinstatement to the same position they held prior to the leave or to a virtually identical position.
A common area of confusion is how handle pay increases or...more
In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them...more
Staying compliant with the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) can be a daunting task with the ever changing legal and regulatory landscape. Join Jackson Lewis P.C. Principal David...more
As of midnight December 21, 2018, 380,000 federal employees were placed on furlough. An additional 420,000 are considered “excepted” and have continued working without pay. Federal employers and employees should be aware of...more
As we are in the heart of the holiday season, to avoid an unwanted gift from the Department of Labor, employers should ensure that they properly administer FMLA leaves taken during company holidays.
Determining whether...more
Since the FMLA came into existence, employers have been advised, where possible, to run FMLA concurrently with other leaves. Doing so prevents leave stacking. When reviewing FMLA policies, a common oversight we see is how...more
On September 4, 2018, the Department of Labor issued new FMLA notices and certification forms. But don’t panic, the change was procedural in nature; no substantive changes were made to the forms....more
With the increasing trend of telecommuting employees, it is not uncommon for a company to have small numbers of employees working from remote locations in various states. It is important that employers understand how FMLA...more