FAQ Friday Category Open Forum

Many paid and unpaid leave laws include benefits and/or job protected leave for victims of domestic violence. A good starting point for employers is to take inventory of which programs apply to their employees. For example, state paid leave laws…

First, it’s crucial to look at any state leave laws that may be applicable. This is especially the case if the employee works in a state with enhanced leave rights for pregnant employees such as California, Connecticut, or Oregon. Some…

It may be difficult to do justice to both your company policy (and the likely purpose of giving employees flexibility) and the legal requirements of leave laws, but here are some tips:

If an employee is truly a designated telecommuter and permanently works from home (i.e., never comes into the office, does not go to client meetings, does not attend conferences, etc.), this employee does not reasonably pose a virus transmission risk…

This scenario illustrates the complex interplay between workers’ compensation and short-term disability claims, while adding in the wrinkle of working from home. Workers’ compensation case law has not kept up with the recent changes in work-from-home norms caused by the…

If an employee requests the ergonomic equipment as an accommodation for a disability under the ADA or applicable state or local disability discrimination law, the employer will, in all likelihood, be required to pay for appropriate equipment — absent undue…

According to provision 29 CFR 825.205 (b)(3), we see that “if an employee’s schedule varied from week to week to such an extent that an employer is unable to determine with any certainty how many hours the employee would otherwise…

The pandemic recession has been labelled a “she-session” because of its differential impact on women. According to the latest Department of Labor statistics, there were 2.2 million fewer women working or looking for work compared to January 2020, and 1.5 million…

If an employee is otherwise eligible for FMLA leave, they are entitled to take 12 weeks per year for qualified conditions. The FMLA states that if an employee is unable to perform one or more essential functions of their job,…

As with any individual on leave due to an ADA disability, to minimize complaints and ensure compliance, we recommend that the employer engage in the interactive process to ensure that each individual has the accommodation(s) they need (if any) to…