You have a right to expect your employee to do his or her job. You have a right to expect him or her to show up to work (whether on your premises or via a remote location). Typically attendance is considered an essential job function. So, if your employee misses work too many times, wouldn’t […]
Sleep Disorders and Reasonable Accommodations in the Workplace
On October 31, I posted here about an employee who was terminated from his job after he requested reasonable accommodations under the ADA for his narcolepsy, and the employee, Brian Mahn filed suit. While I often get comments or questions regarding a post, until now I have never heard from anyone who was the subject […]
Does An Employee’s Disclosure of Depression Equal an FMLA Request? Sometimes…
What happens when your previously top-performing employee starts having attendance issues? Sounds like a no-brainer, no? You talk to the employee and document the verbal counseling. If it continues you might progress to a write-up. What happens when s/he tells you s/he has been diagnosed with depression, and is adjusting to medications? Your first thought […]
What (NOT) To Do When Your Employee Gets Injured on the Job…
Your employee incurs a slip-and-fall injury. What do you do? You might be thinking this is a trick question. Isn’t it what some would call a no-brainer? Give him/her a claim form, report the injury to your workers’ comp carrier and have the carrier-designated physician conduct a medical examination and see what’s to be done […]
Can an Ineligible Employee Get FMLA Leave?
Wait is this a trick question or has the writer (yours truly) lost her marbles? (Are those options mutually exclusive?) An employee ineligible for FMLA leave, by definition can’t get FMLA leave, right? I mean the employee has to meet specific criteria, the reason for the leave must meet certain criteria. Heck, if the employer […]