Your Leave Is Up – Sorry but You’re Fired
Many employers have medical leave policies. Most of those policies allow leave for a maximum duration often three to six months or even up to a year. The FMLA, of course, guarantees job protection for 12 weeks. But what is an employer to do if an employee has used up their FMLA leave (or is otherwise not eligible for FMLA), and they reach the maximum medical leave under the employer’s policy?
Earlier this year, we told you about a recent case from Kentucky in which a federal court found that it was not reasonable for a plaintiff to expect his employer to accommodate his lifting restrictions by spreading essential lifting requirements among the plaintiff’s co-workers.
Sometimes the important things that an employee may be required to do in a job almost never happen. Take for example a worker at a juvenile detention center who might one day have to physically restrain a violent youth who might be causing trouble at the facility. It doesn’t happen often, but it certainly could. Does the employer have to accommodate a worker who is physically unable to perform a rare job function? A recent court decision answers that question. (more…)
A recent federal court opinion highlights the need for employers to evaluate employee requests for reasonable accommodation on an individualized basis – even where, at first glance, an effective accommodation may not be readily apparent. The ADA is, after all, intended to overcome employment decisions based on stereotypes.
A Deaf Applicant Seeks a Lifeguard Job
A 27-year old man who was deaf since birth applied for a lifeguard job at a county wave pool. He had previously received his lifeguard certification following successful completion of the county’s lifeguard training program. He utilized an American Sign Language interpreter during his training to communicate verbal instructions, but the interpreter did not assist him in executing lifesaving tasks. The applicant was unable to speak verbally but communicated using sign language. (more…)
The FMLA requires employers with 50 or more employees to grant up to 12 weeks of leave for, among other things, time off that is needed to care for an adult son or daughter over the age of 18 who is “incapable of self-care because of a disability.” Ever since the Americans with Disabilities Act (“ADA”) was amended back in 2008 to broaden the definition of disability, there has been some question of how the ADA’s definitions affect the FMLA. On January 14, 2013, the U.S. Department of Labor Wage and Hour Division issued an Administrator’s Interpretation clarifying an employee’s entitlement to leave under the FMLA for adult children. (more…)
