By David J. Rowland and Megan P. Toth
Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA.
Just a few months after a recent and definitive decision by the Seventh Circuit that multi-month leaves of absence, even those that are definite in term and sought
Continue Reading Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past
By David J. Rowland and Cheryl A. Luce
Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not required by the ADA.
To the surprise of many observers, and undoubtedly the EEOC, the Seventh
Continue Reading A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA
By Steve Shardonofsky and Kevin A. Fritz
Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may also have questions about how to help their workers get by during this difficult time. After making sure your workers
Continue Reading Practical Advice for Weathering Pay and Leave Issues Following Hurricane Harvey
By Hillary J. Massey and Craig B. Simonsen
Seyfarth Synopsis: While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging. The timing of the termination alone can support causation, and even a well thought out and justified termination may raise issues of fact that would prevent quick resolution in court.
Continue Reading 11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave
By Louisa Johnson and Salomon Laguerre
Synopsis: The Fourth Circuit Court of Appeals recently ruled that an employer had done nothing wrong when it (i) filled the plaintiff’s position during his leave, (ii) restored the plaintiff to a different, but equivalent, position upon his return, and (iii) separated the plaintiff six weeks later as part of a reduction in force.
Continue Reading Fourth Circuit Decision Reiterates That Filling Employee’s Position During Leave And Re-Assigning Employee To A Different But Equivalent Position After Leave Is Okay Under The FMLA
By Erin Dougherty Foley, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Minnesota Supreme Court found that a job applicant need only prove that the employee’s interest in a 12-week maternity leave was the “substantial causative factor” that “actually motivated” the employer’s decision to rescind her job offer and did not need to show anger
Continue Reading Rescind that Job Offer After Her Notice of Pregnancy? Maybe Not
By Christopher W. Kelleher, Tracy M. Billows, and Joshua D. Seidman
Seyfarth Synopsis: The Illinois General Assembly will consider the proposed Healthy Workplace Act which, if passed into law, will require most Illinois employers to provide paid sick leave to their employees.
Illinois legislators have caught the paid sick leave bug that has been going around the
Continue Reading Illinois Catches The Paid Sick Leave Bill Bug
By Anne S. Bider, Robert A. Fisher, and James M. Hlawek
Seyfarth Synopsis: On February 5, 2017, in M.C.A.D. v. Country Bank for Savings, the Massachusetts Commission Against Discrimination (“MCAD”) held that an employer engaged in unlawful disability discrimination when it terminated an employee whose medical leave had ended and who could not provide a definite return to
Continue Reading “I’ll Be Back To Work Soon”: Massachusetts Addresses An Employer’s Obligations When Employee On Leave Gives An Indefinite Return Date
By Joshua D. Seidman and Tracy M. Billows
Seyfarth Synopsis: As expected, on November 8, 2016, residents in Washington and Arizona voted on and passed the nation’s sixth and seventh statewide mandatory paid sick leave laws.
The 2016 election will go down as one of the most memorable elections in our lifetime. As the country scrambles to prepare for
Continue Reading 2016 Election Infected With Paid Sick Leave — Part II
By Annette Tyman, Lawrence Z. Lorber, Jaclyn W. Hamlin, and Brent I. Clark
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of the Executive Order and its implementing regulations. In a
Continue Reading OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Order