…workplace has similar buzzwords that may mean something more. For example, I could go into HR and request leave under the Family and Medical Leave Act. Or, I could simply…
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What employers should know about the ADA and fitness-for-duty exams
…quit sniffing glue Ms. Bynes is fit to perform the job of Social Media Manager. One tool in your arsenal is a fitness-for-duty evaluation with a medical provider. But if…
Enforce your employee call-in/notice requirements — even for FMLA leave
…the employee is seeking leave under the Family and Medical Leave Act. In White v. Dana Light Axle Manuf., the employer had a simple rule: when you’re going to be…
FACT OR FICTION: Permanent light duty is an ADA reasonable accommodation
…post a topical two-part QATQQ. May an employer force an employee taking leave under the Family and Medical Leave Act for his own serious health condition to…
DOL offers the definitive word on FMLA and same-sex marriage. Kinda sorta.
…of Labor’s revised “Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act.” In light of the Supreme Court’s recent ruling on same-sex marriage, the DOL…
The ADA way to require psych counseling for an employee
The Americans with Disabilities Act (ADA) limits when an employer can require an employee to take a medical examination. Specifically, the ADA forbids employers from requiring medical exams (and…
Can height be a disability under the Americans with Disabilities Act?
Barbara Joy McElmurry worked for the Arizona Department of Agriculture. In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work…
FMLA for same-sex couples? Possibly. But, a carnival? Definitely!
Senator Richard Durbin [IL-D] has reintroduced the Family and Medical Leave Inclusion Act in the U.S. Senate, while Rep. Carolyn Maloney [D-NY12] has done the same in the U.S….
Feeling “maybe overworked” is not an FMLA “serious health condition”
…Medical Leave Act. A Florida federal court recently confirmed this in Pivac v. Component Services and Logistics, Inc.: The substance of the Plaintiff’s “evidence” is that she felt maybe…
New FMLA requirements on posters and notices start today
“Damn you, Department of Labor! It’s 12:00:01 on March 8, 2013. I keep refreshing this stupid site and nothing is happening! I NEED FORMS!!!!” — Absolutely no one…