News & Analysis as of

Employer Responsibilities Americans with Disabilities Act (ADA) Family and Medical Leave Act (FMLA)

Verrill

The Interaction between State Paid Family Medical Leave and Employer Short-Term Disability Programs

Verrill on

We often are asked how an employer’s existing short-term disability (“STD”) policy will interact with new state medical leave programs. While we advise clients on the interaction with programs in many states, this post will...more

Venable LLP

New York’s COVID-19 Emergency Leave Ends

Venable LLP on

New York’s COVID-19 emergency leave law (the “Law”) was a first-in-the-nation law requiring employers to provide paid emergency leave and other benefits for COVID-related quarantine or isolation. On July 31, 2025, the Law...more

Sands Anderson PC

How Long Is Too Long? When Extended Leave Stops Being Reasonable

Sands Anderson PC on

Employers often ask: “How long do I have to hold a job open for someone on extended medical leave?” The Fourth Circuit recently tackled this issue in Coffman v. Nexstar Media, offering helpful guidance for navigating ADA and...more

White and Williams LLP

An Interactive Dialogue: The Intersection Between the ADA, FMLA, and PWFA

White and Williams LLP on

In this episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Victoria Fuller, Partner and Co-Chair of Labor and Employment Practice Group, and Laura Corvo, Counsel,...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Venable LLP

An Employer's Legal Compliance Guide to Handling Employee Medical Information

Venable LLP on

Employers' access to, and retention of, employee medical information can be fraught with legal risk. Even the most seasoned HR professionals have trouble navigating the complex rules and regulations governing employee medical...more

Pullman & Comley - Labor, Employment and...

ICYMI: Federal Court Clarifies Employee Rights to Workplace Accommodation under the ADA

Take note, employers: if your decision to accommodate a qualified employee with a disability is solely based on necessity, you may be inviting unnecessary legal exposure. ...more

Freeman Law

The FMLA – A Detailed Review of the Family and Medical Leave Act

Freeman Law on

The FMLA and the employment rights and circumstances it seeks to protect are many times complicated and delicate to address in real-time. Employees and employers alike can find themselves frustrated with understanding the...more

FordHarrison

The U.S. Mental Health Crisis – Mental Health: Beyond the ADA and FMLA

FordHarrison on

Real World Impact: This article is a continuation of a series of Alerts providing guidance for employers on mental health in the workplace and specifically addresses how employers can not only meet the requirements of the...more

Burr & Forman

Managing Employee Leave: A Guide to Compliance and Best Practices

Burr & Forman on

Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining...more

Arnall Golden Gregory LLP

Navigating Employee Leave and Reasonable Accommodation Requests Under the FMLA, ADA, and PWFA

In this episode, AGG Employment partners Ed Cadagin and Megan Mitchell discuss considerations for employers addressing leave and reasonable accommodation requests from employees. In particular, Megan and Ed focus on the...more

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Miller Nash LLP

Employer Cooperation with Law Enforcement Requests for Information

Miller Nash LLP on

Recent developments at the federal government level have generated increasing questions regarding employer’s requirements to cooperate with law enforcement at the local level. Law enforcement may have a variety of reasons for...more

Proskauer - Law and the Workplace

COVID-19 and the Workplace: Where Do We Stand?

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency.  However, the rollback of COVID-19 requirements was already underway in many state and municipal...more

BCLP

US COVID-19: Risky Business – Navigating Workplace Issues Involving High Risk Employees

BCLP on

As states across the country see spikes in COVID-19 cases, employers continue to wrestle with how to handle “high risk” employees, i.e., employees who are at an increased risk for severe illness from COVID-19.  Guidance from...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Holland & Hart LLP

Re-Opening Checklist for Employers

Holland & Hart LLP on

It’s time to “re-open” and get back to “normal.” The only problem is that normal looks a whole lot different than what it was, and this new normal is fraught with uncertainty, legal risks, financial problems, and ethical...more

Ward and Smith, P.A.

Returning to Work in a Pandemic: What Employers Need to Know

Ward and Smith, P.A. on

Restrictions are lifting, businesses are reopening, and corporate counsel face a slew of novel legal considerations as they guide their companies through post-lockdown operations. During a May 14 webinar for the Research...more

Akerman LLP - HR Defense

Avoiding Potential Workplace Claims Arising from Reopening of Businesses

As employers contemplate or commence reopening, they should be cognizant of potential workplace claims which are likely to escalate in the COVID-19 era....more

Pierce Atwood LLP

Plan Now for Bringing Back Your Workforce – Part III

Pierce Atwood LLP on

Why an OSHA-derived plan is your best strategy for controlling COVID-19-related liability - In the first two parts of our series we described strategies for managing COVID-19 risks as businesses reopen, and employers,...more

Butler Snow LLP

Ramping Up to Return to the Workplace in the “Post” Pandemic Environment

Butler Snow LLP on

As employers look to transition workers back into the workplace as stay-at-home orders and other business restrictions expire, many considerations exist, legal and otherwise. These considerations have become more immediate...more

Bradley Arant Boult Cummings LLP

Yes, We Think We’re Open… Getting your Employees Back to Work During and After the COVID-19 Pandemic (Part I)

One of the hardest things about the COVID-19 crisis is that nobody is sure about when things will open back up and life can go back to “normal.” If you’re an employer, this likely means you have more questions than answers...more

Sheppard Mullin Richter & Hampton LLP

Coronavirus Response: A Checklist for California Employers

State and federal governments continue to roll out new COVID-19 laws, regulations, and executive orders. As a result of the ever-changing legal landscape, employers are left confused at the multitude of rules they must follow...more

Jackson Lewis P.C.

Puerto Rico Secretary Of Labor Issues Opinion On Employers Obligation During COVID-19 Emergency

Jackson Lewis P.C. on

The Puerto Rico Secretary of Labor and Human Resources, Hon. Briseida Torres-Reyes, has issued Opinion No. 2020-01 on the applicable legal provisions and measures related to the employer-employee relationship in light of the...more

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