…OIG requested a medical certification to support Plaintiff’s leave request. On August 13, 2010, Plaintiff provided OIG with the requested certification. On August 16, 2010, OIG sent Plaintiff a letter denying…
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Can an employer rescind a job offer based on the results of a genetic test?
…process. What happens if an employee shows up with the BRCA gene for breast cancer? Can the employer rescind the offer because this medical test indicates that the employee has…
Vague policies + poor HR communication = FMLA disaster
A few years ago, I blogged here about the importance of communicating with employees on FMLA to stay abreast of their status and eventual return-to-work. But, even before…
Yes, working overtime can be an essential job function under the ADA
…lifting restriction. Plus, the plaintiff’s doctor limited her to no more than 40 hours worked per week “due to her medical limitations.” Notably, the court understood this 40-hour-per-week restriction to…
Welcome to the intersection of ADA and FMLA
…thinking when it began this opinion with, “This employment-discrimination case arises at the intersection of the Americans with Disabilities Act and the Family and Medical Leave Act.” Certainly not, “Oh boy! Meyer’s…
Guess what, you guys? HR Directors can be sued for FMLA violations too.
…liability under the Family and Medical Leave Act. It seems that companies aren’t the only ones subject to liability under the FMLA. That is, an individual, such as…
You mistakenly offered FMLA leave to an ineligible employee. Now what?
…by a small family business for over 40 years, was diagnosed with a hiatal hernia, which required surgery. Ms. Weissberg was granted medical leave. However, she claims that, before she…
It’s fairly safe to assume that an employee with chest pains needs FMLA.
Among other things, the Family and Medical Leave Act affords an eligible employee up to 12 weeks of leave from work in 12-month period for a serious health condition that…
How could dementia not be covered under the FMLA? (Psst, I’ll tell you how).
The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of leave in a 12-month period for, among other reasons, to care for a…
BUSTED!!! Vacation photos on Facebook doom an employee’s FMLA claims
If you take leave Family and Medical Leave Act, go on vacation, and post your pictures on Facebook, the odds are that your employer is going to find out about…