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Showing posts for: Disability

Aug 17 2018
DisabilityLeave LawsQ&A

Q&A: No FMLA notice required unless employee asks for time off

Answer: A practical initial approach may be to explore whether there are any ergonomic changes that could be made to the workstation to reduce or eliminate the pain, such as a cushioned standing mat, a foot rest, or a stool. If that doesn’t help, you’re welcome to let him know about the availability of protected…

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Aug 06 2018
DisabilityHarassment & DiscriminationQ&A

Q&A: “100-percent healed” return-to-work policy violates ADA

Answer: Yes, we recommend changing your policy. The federal Americans with Disabilities Act (ADA) requires employers to reasonably accommodate an employee with a disability, and that may include an employee with temporary or ongoing medical limitations or restrictions. According to guidance from the U.S. Equal Employment Opportunity Commission (EEOC), a medical certification or doctor’s note…

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Jul 06 2018
DisabilityQ&A

Q&A: Rotating shifts may be essential job function

Answer: Perhaps. The Americans with Disabilities Act (ADA) says employers must reasonably accommodate an employee’s disability unless it would cause an undue hardship to the business or pose a direct threat to health and safety. This generally requires an interactive process that takes into consideration the employee’s restrictions and the essential functions of his position….

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Jan 10 2018
DisabilityTermination & Resignation

ADA accommodation may require showing rather than telling

ADA accommodation may require showing rather than telling An employee in Illinois will move forward to a jury trial on her disability discrimination claim alleging that her employer failed to provide a reasonable accommodation for her learning disability. Although supervisors told her how to complete her timesheets, the employee claims that she asked them to…

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Nov 21 2017
DisabilityQ&ASafety and Health

Q&A: Accommodate for Questionable Religious Belief?

Answer: The answer depends on whether you can accommodate the employee’s religious belief, not on whether his belief is “correct” according to any particular interpretation. Title VII of the Civil Rights Act requires employers to reasonably accommodate an applicant’s or employee’s sincerely held religious beliefs, unless it would cause an undue hardship to the business….

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Nov 20 2017
DisabilityLeave LawsQ&A

What to do after an employee’s FMLA leave expires

Answer: Not so fast! When an employee takes leave under the federal Family and Medical Leave Act (FMLA) for their own serious health condition, there are other issues to consider if the employee can’t return at the end of 12 weeks. Overlapping laws may prevent you from terminating the employee, such as the Americans with…

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Oct 18 2017
DisabilityLeave LawsWashington

What accommodations do pregnant employees get in Washington?

Answer: Yes, if you have 15 or more employees. Washington’s new Healthy Starts Act, effective July 23, 2017, requires employers to provide pregnant employees with certain workplace accommodations, regardless of whether the employee is actually “disabled” and without regard to whether it would cause the employer an “undue hardship.” If requested, the employer must provide:…

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Oct 16 2017
DisabilityEmployee BenefitsLeave Laws

Q&A: Offer equal amounts of paid parental leave to men and women

Answer: The short answer is no. If you provide paid parental leave for female employees, you must provide male employees the same benefit. Paid Parental Leave vs. Disability When contemplating providing paid leave for new parents, there are two sides you should consider: medical disability, and bonding with/caring for the child. Payments while a female…

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Oct 13 2017
DisabilityHarassment & DiscriminationTermination & Resignation

Ninth Circuit okays termination of employee with sleep apnea

Finding no evidence of discrimination under California’s Fair Employment and Housing Act (FEHA), the U.S. Ninth Circuit Court of Appeals ruled that a railroad terminated a train engineer because of his poor attendance, not his diagnosed sleep disorder. Although this case was brought under FEHA, the analysis was the same as it would be under…

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Sep 19 2017
Disability

New Washington pregnancy accommodation law is in effect

Washington has a new “Healthy Starts Act” that requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers without regard to whether they are actually disabled. Upon request by employees who are pregnant or have pregnancy-related health conditions, covered employers are required to provide the following accommodations: More frequent, longer, or…

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Aug 15 2017
DisabilityLeave LawsOregon

9/26/17 Advanced Leave & Accommodations Management: Navigating the Legal Maze

Legal and Legislative Update/Compliance Experienced HR professionals know that a classroom understanding of employment laws does not compare to real world experience handling injured, ill, and/or troubled workers. Join employment attorneys Josephine Ko and Kandis Sells, for an informative, advanced dialogue on best practices on time off, reasonable accommodation, light duty, and related rights and…

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Jul 05 2017
DisabilityHarassment & DiscriminationHiring

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp agency employees, can we require…

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