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 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 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