Category Archives: sick leave

Failure to Provide FMLA Notice to Employee Costs Employer $275K

A federal district court judge approved a consent decree requiring Staples to pay $275,000 for failing to notify an employee of his Family and Medical Leave Act leave rights to care for his critically ill wife over a period of…

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Erratic Attendance Not a Reasonable ADA Accommodation

An employer is not required to alter its attendance policy to allow erratic, extended and indeterminate leave as a “reasonable accommodation,” according to a federal district court in Texas. Accordingly, the employer did not violate the Americans with Disabilities Act…

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‘Choose Child or Job’: Manager’s Comment Sends ADA Suit to Trial

A manager’s comment has allowed an employee to keep her disability discrimination claim alive, according to a recent court ruling. In Manon v. 878 Education, LLC (No. 12-cv-3476 (March 4, 2015)), a worker alleged that she was fired because her daughter has…

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Ebola Outbreak Raises Questions for Employers

As a result of the attention surrounding the ongoing Ebola outbreak, many employers are wondering how to handle situations involving communicable disease. Not much medical testing of employees is allowed. If however, a pandemic is widespread and is a direct…

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Edginess About Ebola Points to Need for Pandemic Preparation

An outbreak of the deadly Ebola virus in Africa is causing concern in the United States, as the medical community and various organizations watch to see if the outbreak will be contained, or will spread globally. Although this situation is…

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Fired Employee Declined FMLA and Broke Attendance Rules

If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s…

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Going Fishing ‘Under Doctor’s Orders’ While on FMLA Leave Gets State Official Fired

A state government official has stepped down after the Better Government Association and news outlets began investigating a long pattern of Family and Medical Leave Act absences that, they said, smelled fishy. Namely, the Illinois Department of Natural Resources deputy…

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Employer’s Injured-player Analogy Backfires in ADA Suit

A university’s likening of a disabled professor to a baseball player with a career-ending injury did not persuade a judge to dismiss the professor’s disability discrimination allegations. On the contrary, it showed that the employer may have fired the professor…

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$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania…

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FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled…

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