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The case was brought by a lab-tech employed by the university’s medical school, alleging several claims, including harassment, disability discrimination, and retaliation for taking FMLA leave for anxiety. The plaintiff also alleged she was called a “typical millennial,” “Princess Diana,” and teased about needing psychiatric help, or being “off her meds.” The FMLA claim named…Read More
Many jobs require regular overtime or some minimum number of hours per day or week. If working a certain number of hours amounts to an essential function of a job, employees or applicants who cannot work those hours are generally unqualified. Even under the ADA, excusing a disabled individual from regularly working the hours essential…Read More
The U.S. Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit claiming an employer violated the FMLA by suspending its employee over his use of intermittent leave. The case involved a married couple who worked for the same employer. Both were certified and approved for intermittent FMLA leave, but for…Read More
On June 1st the U.S. Court of Appeals for the Seventh Circuit, in Chicago, reversed a lower court’s dismissal of FMLA claims where the plaintiff employee’s request to use FMLA leave, had not been denied. The appellate court held that a verbal conversation that included an alleged threat to discipline the employee for taking more…Read More
Illinois employers must carefully review their sick leave policies to ensure compliance under both state and federal laws.Read More
Late Friday, March 27, and again on Saturday, March 28, the Department of Labor added a number of FAQs to its March 24 guidance. Here are some of the highlights, including guidance relating to business closures and layoffs, as well as the relation between emergency public health leave and other leave under the FMLA: Paid…Read More
By now it is almost cliché to talk about the “Bermuda Triangle” of employment law – difficult issues involving the ADA, FMLA and Worker’s Compensation and the consternation they cause employers. Recently, however, Wessels Sherman attorney Alan Seneczko, who manages the firm’s Wisconsin office, won a big victory for a client seemingly caught in that…Read More
Substance abuse (whether it be related to alcohol or drug use) is a potentially serious workplace issue that can quickly become extremely complicated. It is very important for all Employers to keep in mind that substance abuse can, in and of itself, be considered as a serious health condition and as such, may come under…Read More
Did you Count Temp and Part-Time Employees? If you are a Company covered under the Family and Medical Leave Act (FMLA), eligible employees are entitled to leave (either consecutive or intermittent) of up to 12 work weeks of leave in a 12 month period under certain circumstances. PLUS the Company must continue to pay the…Read More
“The ADA is an antidiscrimination statute, not a medical-leave entitlement.” These are the words employers have been waiting more than 25 years to hear, since the date the ADA first became effective, and even more so after the passage of the Family Medical Leave Act in 1993. They address an issue that has vexed employers…Read More
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