Nuance is important in legal analysis. A recent 6th Circuit case dealing with employer policies requiring an employee returning from sick leave to provide a doctor’s note illustrates the point.  

In Lee v. The City of Columbus, the 6th Circuit held that the Columbus Police Department’s requirement that the doctor’s note include

Who cares…..for a covered family member under the FMLA as opposed to merely providing much appreciated assistance? The distinction is critical because absences “to care for” are protected by the FMLA while absences to assist are likely not.

Recall our recent post about an employee who took the day off to clean his mother’s flooded

The EEOC reported a record number of private sector discrimination charges filed in FY 2010, nearly reaching the 100,000 mark.  99,922 charges were filed in FY 2010, an increase of 6,645 (7%) from FY 2009. The most frequently filed charges were retaliation (36%), race discrimination (35.9%), and sex discrimination (29.1%).

Disability discrimination charges increased more

 The "law" or "lore" requiring employers to accommodate employees by excusing absence has reshaped employer attendance and productivity expectations.  Some say the law, as interpreted by the Equal Employment Opportunity Commission, goes too far and creates an elusive and unworkable standard for managing employee attendance and productivity. 

To assist our clients and contacts in separating

 Buried in the voluminous Health Care Reform Act is a requirement that employers provide reasonable break times and an appropriate place for nursing mothers to express breast milk for one year after the child’s birth.

On December 21, 2010, the U.S. Department of Labor published a request for comment concerning the implementation of this requirement