Posts tagged Family and Medical Leave Act.

"No more of your flimsy excuses! Get back to work!"

Do dads have any rights in the workplace? You bet!

The expiration date for the current FMLA forms has been extended, from May 31 until June 30. 

How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!

"Nice Accommodations!"

Question 1: Which of the following federal employment laws require reasonable 

accommodation, either by their terms or as courts have interpreted them over the years?

A. The Americans with Disabilities Act

B. The Family and Medical Leave Act

C. Title VII-religion

D. The Nursing Mothers Act

E. The Pregnancy Discrimination Act

F. All of the above

G. A, C, D, and E

ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation.

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well as the employment provisions (Title I).

Here are four ADA (or ADA-related) areas that employers need to watch in the coming year:

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act.

In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is a reasonable accommodation when the leave is (1) definite and time-limited (not open ended); (2) requested in advance; and (3) likely to enable the employee to perform the essential job functions on return. Noting that under the EEOC’s position “the length of leave does not matter,” the court characterized it as an “open-ended extension” of leave under the Family and Medical Leave Act.

As you know, I strongly disapprove of use of the "N" word in the workplace. I don't think African-Americans should say it, and I really, really don't think people who aren't African-American should use it.

Well, this weekend President Obama used the "N" word, and he didn't say "the 'N' word." In a podcast interview with comedian Marc Maron, the President was quoted as saying,

Racism ...

I presented a webinar this past Wednesday for the Clear Law Institute on the topic of pregnancy and lactation accommodation. As most of our readers know, many state and local governments are passing laws requiring that pregnant women be reasonably accommodated on the job rather than being forced to take medical leaves of absence until after the baby is born. And we are starting to see some ...

An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The idea drew some positive response on Twitter:

It has been a long time since we talked about the Family and Medical Leave Act, but a couple of interesting and noteworthy decisions came out this week from Way Out West.

Our first case, from a federal district court in Oregon, answered the following question:

Can an employer require a doctor's note every time an employee takes intermittent FMLA leave?

YES

NO

C'mon! Even if he's an abuser?

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
Continue Reading

Subscribe

Archives

Back to Page