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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 Ban on Non-Competes May Be Coming Soon
- Highly Compensated Employees Still Entitled to Overtime
- NLRB Decision on Severance Agreements Affects All Employers
- 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
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- 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!
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