It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule. Additionally, during the time the employee is at work, the employee must be capable of continuing to perform the essential functions of the job. However,
performance
Fear of Firing May Be ADA Disability
By Jackson Lewis P.C. on
Posted in ADA
Denying a school district summary judgment on the plaintiff’s ADA claim, a court held that plaintiff’s anxiety and depression, “likely stemming from her concerns about possibly getting fired,” may be a disability under the ADA. Huiner v. Arlington School District, (D.SD, Sept. 26, 2013).
The plaintiff, a teacher, had been placed on a performance…
Relying on Poor Performance Caused by Disability to Deny ADA Accommodation “Troubling”; Turns “Reasonable Accommodation on its Head”
By Jackson Lewis P.C. on
Posted in ADA
To what extent may an employer deny a requested accommodation because of on an employee’s poor performance which is caused by a disability?
The Federal Reserve Bank of New York denied an employee’s request to telecommute or to relocate his office to a different Fed building because the employee had been rated as “below standards” in…
Employer Must Reduce Performance Standards to Take FMLA Absences into Account
By Jackson Lewis P.C. on
Posted in FMLA
While the FMLA does not require an employer to reduce its performance standards when an employee is actually on the job, the FMLA “can require that performance standards be adjusted to avoid penalizing an employee for being absent during FMLA-protected leave,” according to the United States Court of Appeals for the Seventh Circuit. Pagel v …
The Worst Case Scenario: Discussing Performance and FMLA Leave at the Same Time
By Jackson Lewis P.C. on
Posted in ADA
Worst v. Glynn County School District (S.D. Ga. March 29, 2012) reminds employers that the best case scenario is to avoid connecting performance issues and leave. Worst, a third grade teacher, told her principal she would need leave for surgery beginning a month hence. Before Worst’s leave began, her principal spoke with her about her…