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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?
- 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.
- This employee may be entitled to the additional month of leave and reinstatement to his position when he returns.
Employment Law Updates
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
STATES
- California: AB 51 Mandatory Arbitration Ban Blocked
- Illinois: Each Biometric Scan is Separate Violation
- Michigan: Minimum Wage and Paid Sick Leave Will Not Change
- New Jersey: Employers of Minors Must Register with State
- New Jersey: Temporary Workers’ Bill of Rights
- New York: Expanded Lactation Accommodations
Recorded Webinars
If you’re not signed up for HR Help by Payroll People, you’re missing out!
Not only are you missing out on access to valuable resources and detailed articles, but you’re also not getting access to recorded webinars, held every month. These webinars are on pertinent topics in the industry and offer valuable insights, provided by legal and HR experts.
Check out some of the webinars that are available in the module now:
- 4 Easy Steps to Hire The Best Candidates While Avoiding Red Flags and Pitfalls
- Weed at Work
- Exempt, Nonexempt, and Independent Contractor, Oh My! Don’t let employee classification scare you!
- Addressing Excessive Absenteeism: Is the Employee Protected?
- Always an Adventure: Interactive Process and Remote Work Policies
- Yes, the NLRA Applies to You Too!
Contact us at hr1support@payrollpeople.com to sign up and get access to these valuable webinars, plus many other resources.