The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
The FMLA, ADA and Overseas Employees
In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related.
March 2019: Electronic PDF
March 2019 Employment Practices Compliance Managing ever-expanding state and local paid family and sick leave mandates, training supervisors and managers on FMLA and ADA requirements, handling difficult accommodation requests, and … Read More
Integrated Absence Management: Supervisors Are Key
Supervisors: Key to Managing and Preventing Absence By Glenn Pransky, MD Scientific Advisor Lincoln Financial Group By Tawnya Goertzen Director, Clinical Vocational Operations Lincoln Financial Group Preventing and managing work … Read More
Technology and Absence Management: Consistency
Using Technology to Strengthen Consistency in Absence Management By Geoffrey Simpson Director of Sales & Marketing Presagia A consistent and timely approach is crucial for complying with the Family and … Read More
Disability in the Workplace: The ADA
ADA Requires Training, Process, Documentation By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial Employers risk litigation under the Americans … Read More
Aligning Workers’ Compensation: ADA in the WC World
ADA in the WC World: Lost in Translation? By Gary Anderberg, PhD SVP Claim Analytics Gallagher Bassett Do your colleagues across the hall in risk management speak fluent ADA (Americans … Read More
The CEO’s Desk: Top Compliance Challenges
Top Compliance Challenges for 2019 By Terri L. Rhodes CCMP, CLMS, CPDM, MBA CEO, DMEC Managing the key requirements of ever-expanding state mandates is just one of many leave compliance … Read More
ADA Leave: The Six Things You Need to Be Doing
Last year, like every year since the introduction of the Americans with Disabilities Act (ADA), the EEOC conducted a record number of ADA-related lawsuits.
2018 DMEC Employer Leave Management Survey White Paper
For eight years the Disability Management Employer Coalition (DMEC) and Spring Consulting Group (Spring) have partnered to conduct annual research on employer leave management. Our national survey tracks employer methods … Read More
2018 DMEC Employer Leave Management Survey Executive Summary
For eight years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. With information from over 820 employers, the national survey tracks employer methods … Read More
Unsettled Waters at the Accommodation of Last Resort
In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
Federal Court of Appeals Will Decide Whether or Not Morbid Obesity Is an Impairment
We know that the ADA Amendments Act of 2008 (ADAAA) substantially altered the landscape for review of claims asserting a disability. But, are employees still required to show some sort of disorder or impairment to state a claim?
Tenth Circuit Rules No Adverse Employment Action and No Failure-to-Accommodate Claim
The Americans with Disabilities Act (ADA) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone — absent an adverse employment action — enough to establish an ADA failure-to-accommodate claim?
Accommodations Best Practice Guide: Medical Information
Bright (or Blurred) Lines for Medical Information By Roberta Etcheverry, CPDM CEO Diversified Management Group When considering reasonable accommodations for employees with disabilities, the core issue is assessing how the … Read More
Compliance Memos: November 2018
FMLA Leave for Chronic Conditions Requires Ongoing Care Employers often assume an employee is receiving medical care and seldom review the frequency of physician visits when granting Family and Medical … Read More
Another Court Decides That Extended Leave is Not Reasonable
In Easter v. Arkansas Children’s Hospital, an employee was unable to work after exhausting her FMLA leave but she had an appointment to be evaluated by a specialist less than a month later. The employer denied the additional leave and terminated her employment. The Court held there was no violation of the ADA.
September 2018: Electronic PDF
September 2018 Americans with Disabilities Act The Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act (ADAAA) of 2008 established a new work environment, enabling more persons … Read More
2017 Leave Management Survey: Responses to Expanding Mandates
2017 Leave Management Survey: Responses to Expanding Compliance Mandates The 2017 DMEC Employer Leave Management Survey white paper, available to members on the DMEC website, provides a deep review of … Read More
Filling in the Gaps with Leave Management Technology
Filling in the Gaps with Leave Management Technology By Angie Brown Business Development Manager ClaimVantage Technology does not eliminate human error, but it can erect barriers to our impulses to … Read More