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Supreme Court to tackle cases on FMLA notice, ADA ‘direct threat’

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in FMLA Guidelines,HR Management,Human Resources

The U.S. Supreme Court agreed to consider two more controversial HR issues in its term which begins in October 2001.

FMLA: The court will hear a challenge to Labor Department rules on notification for family leave. In Ragsdale v. Wolverine Worldwide Inc., the 8th U.S. Circuit Court of Appeals said a worker isn't entitled to extra time off if her employer fails to notify her that the clock is ticking on her Family and Medical Leave

Act entitlement.

At least one other appeals court has upheld Labor's rule that an employer must notify the worker when leave is counted under the FMLA. If the person isn't notified, her time off doesn't count against her balance of FMLA leave.

ADA: The justices also invited the Bush administration to comment on whether employers can refuse to hire an employee for a position that would be dangerous to him.

While the Americans with Disabilities Act allows employers to bar employment of workers who would be a direct threat to others, the 9th U.S. Circuit Court of Appeals last year said employers can't block workers from jobs that cause a "direct threat to self.

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