Subscribe to Our FeedPotential Game Changing Decision: Extended Leave Not A Reasonable Accommodation
The 7th Circuit Court of Appeals has just ruled that extended time off, after all paid and Family Medical Leave Act (“FMLA) leave has been exhausted is not a “reasonable accommodation” under the Americans with Disabilities Act (“ADA”). The decision in the matter Severson v. Woodcraft, Inc., runs contrary to the long standing position taken […]
What Should An Employer Do When An Ill or Injured Employee Has No Available Leave?
Co-Authored By Jeri L. Abrams When an ill or injured employee fails to return to work after they have exhausted all available leave (or were never eligible for leave in the first place), an employer cannot automatically terminate the employee. The courts in New Jersey have held that a “reasonable accommodation” for a disability includes […]
GH&C Alert: New FMLA Poster Must Be Posted By March 8, 2013
The U.S. Department of Labor has recently issued a new Family and Medical Leave Act (“FMLA”) poster which must be displayed by all employers covered under the FMLA by March 8, 2013. All employers with 50 or more employees are subject to this requirement. As was the case with previous postings, the poster must be […]
Federal Appeals Court Finds Pre-Eligible Discussion of Post-Eligible Family and Medical Leave Act (“FMLA”) Leave is Protected Activity under the FMLA
Earlier this year, in a case of first impression, the 11th Circuit Court of Appeals held that the Family and Medical Leave Act (“FMLA”) “protects a pre-eligibility request for post-eligibility leave.” In other words, an employee who gives notice, before becoming eligible for leave, of intent to take FMLA leave for a qualifying reason once […]
DOL’s Interpretation Of “Son Or Daughter” Broadens Employee Protection Under The FMLA
This article appears in the November edition of New Jersey Labor And Employment Law Quarterly. On June 22, 2010, the U.S. Department of Labor (DOL) issued an administrator’s interpretation addressing the definition of “son or daughter” as it applies to an employee taking protected leave for the birth or placement of a child, to care for a […]
Employee's Own Statement About Illness Could Qualify For FMLA Leave
The federal Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of leave in a 12-month period for the employee’s own “serious health condition” or to care for a family member with such a condition. One way for an employee to establish their own “serious health condition” is to show a […]
