You may have seen more pharmacies offering immunization shots in the last few years. That means someone at the pharmacy needs to administer those shots. Usually that someone is a pharmacist. What happens when one of those pharmacists, is a longtime employee who happens also to suffer from trypanophobia, aka fear of needles? Is that […]
What Happens When the FMLA and the ADA Meet?
I have previously written about eligibility for time off under the Family Medical Leave Act (FMLA). I have also talked about the Americans with Disabilities Act (too many times to mention here). Many of you may have dealt with each law separately. A number of you may, to your surprise, have found yourselves dealing with both […]
Do Disabled Employees Get Automatic Job Reassignment ? Um, Maybe (Not)…
You probably know that if you have 15 or more employees, then under the Americans with Disabilities Act, you: a) cannot treat an employee adversely on the basis of a disability; and b) must make reasonable accommodations for employees with disabilities. What if you have a disabled employee who is now unable to perform the essential […]
Do You Have to Allow Unscheduled Prayer Breaks?
You may have heard about the 53 Muslim workers in Wisconsin who walked off their manufacturing jobs over their employer’s retraction of unscheduled prayer breaks. The employees are claiming religious discrimination and the employer, Ariens, who manufactures lawn mowers and snow blowers is claiming undue hardship. Just about every employer knows that it cannot discriminate […]
How Do You Reconcile FMLA, ADA and Collective Bargaining Requirements??
Last week on The EmpLAWyerologist, we got a glimpse of when a Collective Bargaining Agreement may “trump” the FMLA’s provisions as to amount of leave time, eligibility, certification and similar issues. Click here if you missed it or would like to review. Those issues primarily centered around the rights of the employee taking leave. But […]