How Are Employee Benefits Impacted during ADA, FMLA Leave?
What are an employer’s obligations regarding benefits for an employee who is out on leave under the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA)?
Tag: ADA
7th Circuit Won’t Rehear United Airlines ADA Reassignment Case
An appeals court won’t rehear a case in which it ruled that United Airlines was not required to reassign a worker with a disability because that accommodation would have violated its collective bargaining agreement’s seniority policy. The court also held that the lower court properly dismissed the case because the employee failed to identify any […]
For Long-Term Medical Leaves, Communication Is Key
You must be careful when you craft and enforce policies addressing prolonged absences. Even when an employee has exhausted her statutorily protected leave, you should consider offering additional leave as a reasonable accommodation unless you can demonstrate that you would suffer an undue hardship because of the continuing absence.
Ask the Expert: Can We Reduce Pay for Exempt Employee on Reduced Schedule?
Question: If we are providing a reduced work schedule as an accommodation under the ADA for an exempt salaried person, may we reduce their pay based on hours worked?
ADA and FMLA Compared: What are an Employer’s Leave Requirements?
Both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) often apply to employees who are seriously ill or injured. When this happens, employers may be required to grant leave to the employee under both laws. What are employees legally required to provide?
Employee Allergies and the ADA—What Should HR Do?
In our “What Should HR Do?” interactive video series, we present real-life scenarios similar to those HR professionals face in the workplace every day. For each scenario, you, the viewer, get to select what you believe is the best response from a few possible options. Then, we’ll let you know whether you made the best […]
Ask the Expert: Disability Insurance and Medical Expenses
Can you explain how our medical benefits work with disability insurance? When does medical insurance terminate for an employee who is not working due to a short or long term disability? Does disability insurance cover any of the employee’s medical expenses? (We are covered with a private disability insurance, not through SDI).
Ask the Expert: Suspected Substance Abuse and Employee Leave Laws
We have an employee who we believe has a prescription drug problem. We have confronted him twice over the past year and he had denied it. Can we force him to go to rehab in order to keep his job?
Unique Exceptions to the FMLA and ADA
In this article series comparing and contrasting various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), we have covered exceptions to both laws such as disqualifying events, undue hardship (ADA only) and certain situations regarding substance abuse.
Thompson’s Top HR Stories of 2015
The start of a new year offers the opportunity to take stock, and to plan ahead. It’s anyone’s guess what 2016 will hold for human resources professionals, but looking back at the stories that drew the most interest from our reader community provides some useful insights on what to watch for in the new year. […]