Lexology.com
Ogletree Deakins
Maria Greco Danaher
USA
February 15 2011
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Under the Family and Medical Leave Act (FMLA), an employer is prohibited from denying, restraining, or interfering with an employee’s rights to qualified leave. One federal court recently found that an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with the employee’s FMLA rights. Terwilliger v. Howard Memorial Hospital, WDAK, No. 09-CV-4055, January 27, 2011.
The FMLA provides to eligible employees up to 12 weeks of unpaid leave for qualifying conditions, and precludes employers from interfering with an employee’s rights under the Act. Under the regulations associated with the Act, interference includes “discouraging” an employee from using FMLA leave.
Full Story: http://www.lexology.com/library/detail.aspx?g=688525fd-54f7-43ae-a4b7-050e1b351b58&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-02-23&utm_term=
Showing posts with label return to work. Show all posts
Showing posts with label return to work. Show all posts
Wednesday, February 23, 2011
Monday, December 13, 2010
The EEOC scrutinizes "no fault" termination policies
Lexology.com
Stinson Morrison Hecker LLP
Anne C. Emert
USA
December 3 2010
The EEOC has recently taken a strong position against “no fault” termination policies whichrequire the automatic termination of an employee who cannot return to work after theexpiration of a fixed medical leave period. In a couple recent lawsuits, the EEOC has arguedthe failure to provide additional leave upon the expiration of the leave allowed under anemployer’s “no fault” termination policy is a violation ofthe Americans with Disabilities Act(ADA) because providing additional unpaid leave is a form of reasonable accommodation.For example, the EEOC instituted a class action against Sears alleging its leave policy violatedthe ADA because it called for termination if the employee was unable to return to work afterexhausting workers’ compensation leave. The lawsuit ended in a settlement with Searsagreeing to pay $6.2 million to resolve the claim—the largest ADA settlement agreement inhistory—and to amend its policy to notify injured employees at least 45 days before theirleaves are to expire that they can request accommodations to allow their return to work.
Full Story: http://www.lexology.com/library/detail.aspx?g=1bd9999c-5c02-47ec-82e0-de83da31e4ac&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2010-12-13&utm_term=
Stinson Morrison Hecker LLP
Anne C. Emert
USA
December 3 2010
The EEOC has recently taken a strong position against “no fault” termination policies whichrequire the automatic termination of an employee who cannot return to work after theexpiration of a fixed medical leave period. In a couple recent lawsuits, the EEOC has arguedthe failure to provide additional leave upon the expiration of the leave allowed under anemployer’s “no fault” termination policy is a violation ofthe Americans with Disabilities Act(ADA) because providing additional unpaid leave is a form of reasonable accommodation.For example, the EEOC instituted a class action against Sears alleging its leave policy violatedthe ADA because it called for termination if the employee was unable to return to work afterexhausting workers’ compensation leave. The lawsuit ended in a settlement with Searsagreeing to pay $6.2 million to resolve the claim—the largest ADA settlement agreement inhistory—and to amend its policy to notify injured employees at least 45 days before theirleaves are to expire that they can request accommodations to allow their return to work.
Full Story: http://www.lexology.com/library/detail.aspx?g=1bd9999c-5c02-47ec-82e0-de83da31e4ac&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2010-12-13&utm_term=
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