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This is the second in a two-part series discussing recent notable Family and Medical Leave Act and Americans with Disabilities Act cases. The cases decided this year continue to be interesting, confounding and unusual, and present lessons employers can and should learn about how to (or how not to) treat employees with various medical conditions.
The first part of this series discussed the following lessons: (1) recognizing when an employee provides notice; (2) understanding when a medical condition will be considered a serious health condition and/or a disability; and (3) understanding what constitutes an essential job function.
Part two of this series concludes with the following lessons: (4) determining when lengthy leaves of absence are too long and may be denied; (5) understanding when an employee on leave may be asked to help with work and understanding other examples of FMLA interference; and (6) how to determine if an employee is abusing leave while not running afoul of the law. Employers who stay abreast of developments under the FMLA and ADA will go a long way to ensuring appropriate administrations of leaves and other accommodations, and hopefully minimizing legal risk in this challenging area.
Continue Reading "6 Lessons From Recent FMLA And ADA Decisions: Part 2"