Sometimes it is unclear whether the employee is requesting leave that might be covered by the FMLA. This is not one of those situations. In Kobus v. The College of St. Scholastica, Inc., when the plaintiff told his supervisor in November 2006 that he would need to take time off for “stress and anxiety,&rdquo
Jackson Lewis P.C.
Cleaning Mom’s Flooded Basement Is Not “Caring for” Mom Under FMLA
By Jackson Lewis P.C. on
Posted in FMLA
Cleaning mom’s flooded basement is not “caring for” mom under the FMLA, according to a Michigan federal district court. Because the three days of flood cleaning were not excused by the FMLA, the employer did not violate the FMLA by terminating plaintiff’s employment under its absence policy, according to the court.
In Lane v.
Leave as a Reasonable Accommodation Under the ADA
By Jackson Lewis P.C. on
Posted in ADA
Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies–which resulted in a “record-setting” $6.2…
Within Range But Overweight? Not Your Typical Weight Discrimination Case
By Jackson Lewis P.C. on
Posted in Uncategorized
Some call obesity the next smoking, meaning that now that employers have had a multi-faceted attack on reducing health costs related to smoking, they will move on to obesity. The CDC reports that about 40% of U.S. adults are obese, while about 20% of adults smoke. The rate of obesity has been…
Employer Prevails on FMLA Challenge to No-Fault Attendance Policy
By Jackson Lewis P.C. on
Posted in FMLA
A no-fault attendance program is the epitome of equal treatment—the employer does not judge whether an absence is for a good or bad reason and gives all employees the same number of absences.
But then the FMLA came along and guaranteed eligible employees certain time off and prohibited an employer from interfering with that…
Yet Another Reminder of the FMLA Challenge for Multi-State Employers
By Jackson Lewis P.C. on
Posted in FMLA
The reminders of the FMLA challenges facing multi-state employers in complying with state leave laws are frequent and the risk grows regularly. This time, the challenge came from Connecticut. Connecticut’s Family and Medical Leave Act (CFMLA) applies to employers with 75 employees. Is that 75 employees in-state or nationwide?
In 2001, the state …
The ADA Patchwork Lives On!
By Jackson Lewis P.C. on
Posted in ADA
As the ADA’s 20th anniversary nears, let’s revisit one of its lofty goals: to place a sweeping federal blanket over the patchwork of state and federal laws that protects individuals with disabilities.
A recent Second Circuit opinion leaves no doubt that the patchwork lives on In Spiegel v. Schulmann, decided on May 6, 2010, a…
The Accommodation of the Incontinent Court Reporter
By Jackson Lewis P.C. on
Posted in ADA
Many reasonable accommodation cases are resolved in court but a court is not usually the defendant. But such was the case when a court reporter sued the Office of the Chief Judges of various Illinois circuit courts for failing to accommodate her incontinence.
A Case of Incompatible Reasonable Accommodations
By Jackson Lewis P.C. on
Posted in ADA
Talk about a reasonable accommodation challenge. What is an employer to do when its accommodation of one employee’s medical condition triggers another employee’s medical condition? The New York Times reported recently that the City of Indianapolis faced such a situation recently and is now facing an EEOC “failure to accommodate” charge.
According to the Times…
Leave Mavens Now New EEOC Commissioners
By Jackson Lewis P.C. on
Posted in Leave
Watch for a continued focus on medical leaves at the EEOC since President Obama’s recent recess appointments have extensive backgrounds on leave issues. The EEOC has been challenging employers’ “inflexible” leave policies which, the EEOC alleges, do not appropriately consider the ADA’s reasonable accommodation requirements.
Newly-sworn-in EEOC Commissioner Chai Feldblum, a former Georgetown University…