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Disabled Employee Who Can’t Perform Essential Job Duties

Your employee can’t perform an essential job duty but tells you it’s because she is disabled. You know you’re supposed to accommodate disabilities, but this is one of the employee’s essential job duties. How do you accommodate it? Are you supposed to give this duty to another employee? No, absolutely not. So, what do you do?

An employee has used all of his 12 weeks of FMLA leave but informs you his doctor says he cannot work for another month. So now what?

1. You are no longer required to reinstate him to his position. If fact, since he has exhausted his leave, you can terminate him if he does not return to work immediately.
2. This employee may be entitled to the additional month of leave and reinstatement to his position when he returns.

Read on to learn more.

FEDERAL

Federal Ban on Non-Competes May Be Coming Soon

Highly Compensated Employees Still Entitled to Overtime

NLRB Decision on Severance Agreements Affects All Employers

CALIFORNIA

California: AB 51 Mandatory Arbitration Ban Blocked

ILLINOIS

Illinois: Each Biometric Scan is Serparate Violation

MICHIGAN

Michigan: Minimum Wage and Paid Sick Leave Will Not Change

NEW JERSEY

New Jersey: Employers of Minors Must Register with State

New Jersey: Temporary Workers’ Bill of Rights

NEW YORK

New York: Expanded Lactation Accommodations

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This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.