News & Analysis as of

Mental Illness Family and Medical Leave Act (FMLA)

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

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Amundsen Davis LLC

It’s Mental Health Awareness Month: How Can Your Organization Promote Mental Wellness?

Amundsen Davis LLC on

The CDC reports that half of all Americans will experience mental illness at some point in their lives. According to the National Alliance on Mental Illness, 46.6 million adults in the U.S., roughly 1 in 5, experience some...more

Stoel Rives LLP

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified”...

Stoel Rives LLP on

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence...more

Nossaman LLP

Did You Know...Depression Does Not Automatically Qualify An Employee For FMLA Leave

Nossaman LLP on

In recent years, employers have been bombarded by increasing numbers of lawsuits by employees with mental disabilities alleging discrimination and retaliation. These lawsuits are based on a variety of theories including...more

Franczek P.C.

Employee Fired For Absences Exceeding His Certification Can Raise A Viable FMLA Claim

Franczek P.C. on

Have you ever made a rash decision that you wish you could take back the second you made it? ...more

Foley & Lardner LLP

Does "I Quit" Really Mean I Need FMLA Leave?

Foley & Lardner LLP on

Imagine you have an employee who is out three weeks on a medical leave protected by the FMLA. The employee suffers from a serious mental condition (or some other chronic condition), which has required her to take FMLA...more

Franczek P.C.

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

Franczek P.C. on

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

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