FAQ Friday Category RTW and SAW

As companies evaluate plans to return employees to the office, there are several tools that can be deployed to keep employees healthy and safe. This all starts with frequent sanitization of common areas. Companies are encouraged to set a cleaning…

As acknowledged by the EEOC, employees with certain pre-existing mental health conditions may have a harder time dealing with the stress of COVID-19. As with any accommodation request, ask questions to determine if the condition is a disability and request…

When determining new policies or benefits options you should take into account your company culture, existing benefits, policies and requirements as well as consult with your legal department for guidance. It’s important to remember that consistency is key, you must…

Fortunately, there are a few key best practices and several resources available to assist employers with addressing substance abuse in the workplace. One best practice is for employers to collaborate with their vendor partners to provide targeted support to employees…

The pandemic has caused us to be more creative and think outside the box for situations like this. Potential options might include additional mental health benefits, onsite daycare, subsidies for daycare or tutoring, flexible scheduling arrangements, meal planning or meal…

Yes, we have seen an increase in the request for mental health IMEs. Of interest is that this type of IME is the second most requested in the disability arena. A psychological IME typically includes in-person interviews and covers medical, family,…

As employers develop new standards in health and safety, following guidelines established by relevant federal and local governments and inclusive of OSHA guidelines, it will be important to maintain compassionate and careful communications. Open dialogue with employees should occur to…

It depends on what their rights would have been if the employee had not been on leave when the worksite closed. Once an employee returns from FMLA leave, they are entitled to be returned to the same position or to…

While similar concepts, these are separate forms with different requirements depending on which law is applied. Sometimes, employers will call a “fitness-for-duty certificate”, a “return-to-work release” under FMLA; however, under the ADA we often refer to a fitness-for-duty exam. Under…