An employee’s taking a morning off to make an unannounced visit to his physician’s office to get a prescription refill and confirm that referral paperwork for an appointment that afternoon had been completed was not protected by the FMLA because the visit was not “treatment” for a serious health condition, the Seventh Circuit has held.
medical
Working Through the Workplace Haze from Connecticut’s New Medical Marijuana Law
Under a new Connecticut law, a “qualifying patient” with a “debilitating medical condition” may obtain a supply of marijuana from a licensed dispensary to alleviate symptoms or effects of such symptoms. The statute lists eleven “debilitating medical conditions” and gives the Department of Consumer Protection the ability to add others.
The act also gives guidance to address the…
Testing Protocol for Lawful Drugs Illegal ADA Exam and Inquiry
A drug testing protocol for both legal and illegal drugs was an unlawful medical examination, and the follow up questions about lawful drug use were unlawful disability-related inquiries, according to a federal district court in Tennessee. Bates v. Dura Automotive Systems, Inc., (Aug. 29, 2011). The court rejected the company’s motion to set aside a…
Time To Revisit ADA Medical Inquiry Rules At “Loggerheads” With OSHA Policy
When a law, such as the ADA, restricts an employer’s rights to take reasonable, measured steps to promote workplace safety, it ought to be re-examined. Years ago, Justice Souter observed that preventing employers from considering "risk to self," an ADA rule many disability rights advocates had sought, would have put the ADA at "loggerheads" with federal OSHA policy requiring employers to ensure the…