Is Your Attendance Policy Too Rigid?
9/6/18
By: Christopher Curci Employers need to be mindful of both the Family Medical Leave Act (“FMLA”) and Americans with Disabilities Act (“ADA”) when considering how to enforce their attendance policies. When an employee requests time off from work to attend to a medical condition, most employers will consider the request as one for medical leave under…
Extended Medical Leave Held Not Reasonable Accommodation Under ADA
10/2/17
By: Amy C. Bender Accommodations for disabled workers, and particularly requests for medical leave, continue to present challenges for employers. Who is considered disabled? Do I have to provide employees additional time off work after FMLA, other statutory leave entitlements, and PTO have been exhausted? If so, how much leave do I need to provide?…
7/24/15
By: Barry Brownstein A recent decision from the Third Circuit expands FMLA requirements, by declaring that employers who receive a medical leave certification from an employee that is vague, ambiguous, and non-responsive, are required to: (1) inform the employee that the certification is insufficient; (2) state in writing what additional information is required; and (3)…