On Jan. 14, 2020, the 5th Circuit ruled on whether the Americans with Disabilities Act (ADA) requires an employer to excuse terminable misconduct — in this case, sleeping on the job — based on an employee’s after-the-fact, disability-related explanation.
Navigating the legal landscape when an employee has a disability related to his/her mental health can be challenging. At the outset, it is not always clear that an employee may need a reasonable accommodation.
Profound changes in work, workplaces, and workers are creating demand for new approaches to leave policies. Our session at the 2019 DMEC Compliance Conference, Keep Up With the Competition: Creating Innovative Company Leave Programs, will enable you to understand these changes; identify how they impact your company; and learn how to incorporate this knowledge into the design of leave policies that create a competitive advantage while maintaining legal compliance and coordination with other benefits.
The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs,” but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.
Can you be regarded as disabled based on a potential future disability? In a case just decided by the 11th Circuit Court of Appeals, EEOC v. STME, LLC, the Equal Employment Opportunity Commission (EEOC) espoused precisely this position.
DMEC routinely hears from employers struggling with the complexities of managing Americans with Disabilities Act (ADA) accommodation activities. With little regulatory guidance on the administrative aspects of managing requests and … Read More
On Aug. 20, 2019, the 9th Circuit dodged answering the question of whether or not morbid obesity is considered a disability under the Americans with Disabilities Act.
Return to Work: Creating an Effective Program For Any Type of Absence By Sonja R. Teague, CPDM VP Integrated Absence Management ESIS Given all the leave options available, it’s no … Read More
Integrating the ADA and RTW for a Smooth Transition By Magdalena M. Torres Disability Analyst Provident Bank Provident Bank has found several advantages in integrating the Americans with Disabilities Act … Read More
Compliance Notes for How to Manage Overlapping Benefits By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial Understanding which of … Read More
Battleground Over Complex State and Local Leave Laws The complexity of paid leave laws opens doors to legal challenges. Which employers are subject to the law? Minnesota. In May, the … Read More
On Apr. 23, 2019, the Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices Bluepaper as guidance for employers with three or more employees facing accommodation requests from employees for pregnancy, childbirth, or related conditions.
The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
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 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
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
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
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
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
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