News & Analysis as of

Family and Medical Leave Act (FMLA) Employee Rights Disability Discrimination

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

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

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

Miles & Stockbridge P.C.

EEOC Releases New Pregnant Worker Fairness Act Guidance for Health Care Providers

The Equal Employment Opportunity Commission (EEOC) recently issued guidance to assist health care providers in addressing their patients’ needs for accommodation under the Pregnant Workers Fairness Act (PWFA)....more

ArentFox Schiff

What Employers Need to Know About the Recent EEOC Guidance to Health Care Providers on the Pregnant Workers Fairness Act

ArentFox Schiff on

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA), a federal law enforced by the US Equal Employment Opportunity Commission (EEOC), went into effect. The PWFA mandates that employers with at least 15 employees, along...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

FordHarrison

What Tiger Woods’ Foot Can Teach Employers About Managing Employees’ Medical Conditions

FordHarrison on

Golfing icon Tiger Woods had to withdraw from the Masters tournament in Augusta, Georgia, last week due to a painful foot condition called plantar fasciitis (which causes a stabbing pain in the heel or foot).  Video footage...more

FordHarrison

FMLA and a Winning First Step Towards Addressing Mental Health in the Workplace

FordHarrison on

A New Era of Awareness - As the world and its workforce attempts to reconcile the effects of COVID-19, mental health in the workplace has become a hot topic. According to the World Health Organization (WHO), the COVID-19...more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

FordHarrison on

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

Bradley Arant Boult Cummings LLP

Leave as a Reasonable Accommodation Continues to Vex Employers

Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more

FordHarrison

Naomi Osaka Shines Further Light on Mental Health Issues in the Workplace

FordHarrison on

Tennis star Naomi Osaka is not the first high-profile professional athlete to put mental health front and center in the public realm, but considering the timing and today’s climate, she may become the most significant.  ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

Verrill on

The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

Fisher Phillips

Web Exclusive: June 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

Akerman LLP - HR Defense

Must An Employer Grant a Request for Indefinite Leave?

What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully....more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Mintz - Employment, Labor & Benefits...

Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of...more

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