The Family and Medical Leave Act guarantees eligible employees up to 12 workweeks of leave in a 12-month period for a qualifying reason, such as taking care of…
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A CBD user drug tests positive. Do we have to excuse it? Is she actually disabled?
…a disability. The plaintiff finished a letter from her nurse acknowledging what the plaintiff told her about the CBS use. But the letter did not contain any official medical diagnosis….
Is your business struggling with return to the office and disability accommodation requests?
…companies face is how to address the spike in medical-related requests to continue to work from home. As part of its earlier guidance about what employers should know about COVID-19,…
Oh, no! Tell me a supervisor didn’t write THAT on an employee’s PIP.
If you haven’t done FMLA training for your supervisors, hopefully, this post will motivate you to get some on the calendar. The case I want to share…
Did an employee just discover an “FMLA loophole” to arbitration agreements?!?
…policy preference for arbitration. But suppose one of your employees decides to pursue a class action lawsuit in federal court alleging violations of the Family and Medical Leave Act. The…
The EEOC isn’t the only federal agency safeguarding complaints about race bias at work
…perceived implicit bias work, are protected from retaliation by employers. In this particular instance, a faculty member at a medical school wore a t-shirt that said, “I can’t breathe,” and…
Did a union non-profit refuse to accommodate a woman with breast cancer and force her to resign? The EEOC thinks so.
…accommodations if doing so would not pose an undue hardship,” which may mean “complying with the temporary medical restrictions of employees who are receiving ongoing treatments for serious medical conditions.”…
If you are tracking FMLA leave THIS WAY, you may be doing it WRONG!
Thank you for indulging me a day off from blogging yesterday. It’s tough to bounce right back when a referee rips your heart out of your chest…
This is how you determine whether a remote employee is FMLA-eligible
Employees are eligible for FMLA leave when they have worked for the employer for at least 12 months, have at least 1,250 hours of service for the…
An employee who didn’t know she had a disability sued for disability discrimination. It didn’t go well.
…plaintiff appealed her termination to a third party, a procedure the defendant made available to her. During the pendency of the appeal, the plaintiff learned of her medical condition and…