The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. Here are the factors courts consider:
We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.
Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.
Unplanned absences can disrupt even the best-run workplaces. Of course, you don’t want truly sick employees to come to work if they have some contagious illness. Nor do you want to discourage employees from taking legitimate FMLA leave. Your challenge as an employer: Craft and enforce an attendance policy that allows or even encourages legitimate sick leave use while discouraging abuse.
Q. An employee’s girlfriend is pregnant and having some complications. He has asked for time off to care for her until the baby is born. What are his rights?
Employers know they may have to accommodate disabled employees by granting additional time off. But what about employees who, although they aren’t disabled, still claim run-of-the-mill illnesses prevent them from working? You can and should set strict standards for further leave.
Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.
One unhappy employee may not have much of an effect on your organization, even if she sues. But watch out! Handle the lawsuit poorly and you could see litigation grow as co-workers join in.
Economic times remain tough, and businesses are still finding they have to cut costs to survive. And cutting costs often means looking at a possible reduction in force. In most organizations facing that difficult prospect, a team of managers has to decide where the cuts should be made and what criteria to use when making those cuts. Make sure the decision-making team doesn’t have access to information about FMLA usage ...