Can your employee’s recent absence influence his or her job performance? Possibly. What happens when it’s time to evaluate that employee’s performance? Since the absence may have impacted your operations, and may have impacted that employee’s job performance, wouldn’t it make sense to reference it? Shouldn’t you be factoring in everything when you are looking […]
For FMLA and ADA Claims, Timing May Be Everything…
Have you ever had to discipline an employee? I assume so. What about one who is or was on leave?– be it FMLA, You’ve probably been told that you need to tread lightly if/when you do. In fact I’ve said so here. That doesn’t mean you can’t discipline an employee who is on leave. In […]
When Addressing a Workers’ Comp Claim, Don’t Forget FMLA (and ADA)…
If you hire or manage employees, chances are at some point or another at least one of your employees will be hurt on the job–and then you will be dealing with a claim for workers’ compensation benefits. Suppose you find yourself in such a situation and you settle the claim. Your employee receives benefits, and […]
How Does a One-Year Leave Policy Violate the ADA??
UPS just settled an 8-year disability discrimination lawsuit for $1.7 million. The employees in question had all had leaves of absence of more than one year and failed to return to work. So UPS fired them. What’s wrong with that? They hadn’t come to work in more than a year–and an employer still has […]
A One-Year Leave is (Probably) Not a Reasonable Accommodation…
What would you do if your employee told you s/he had a life threatening illness and needed time off for medical care? You would probably allow them the time off. The FMLA might require it. One or more state laws might too. So might the ADA. (Click here for review). What about an additional one-year […]