USERRA and the Five-Year Rule (Littler, May 2007) resource Articles Member contributionOCEG Reviewed
By David M. Jaffe, Todd K. Boyer.This Insight will lay out USERRA's basic requirements, provide practical guidance to employers on how to treat employees who have been absent for five years and outline steps that employers can take to ensure that absent employees are actually on military leave.
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EEOC, Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (May 23, 2007) resource Agency Guidances Member contributionOCEG Reviewed
Although the federal EEO laws do not prohibit discrimination against caregivers per se, there are circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The purpose of this document is to assist investigators, employees, and employers in assessing whether a particular employment decision affecting a caregiver might unlawfully discriminate on the basis of prohibited characteristics under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act of 1990.
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Leave Rights under the FMLA and ADA: The Intersection of Two Laws Impacting Employee Leave (2001) resource Articles Member contributionOCEG Reviewed
This article provides an overview of employee and employer rights involving leave under both the Family and Medical Leave Act of 1993 (FMLA) and Title I of the Americans with Disabilities Act of 1990 (ADA).
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FMLA and ADA Puzzle: Putting the Pieces Together resource Articles Member contributionOCEG Reviewed
Contents: 1. When will both the FMLA and ADA affect a leave? 2. Is a "serious health condition" the same thing as a "disability"? 3. Is a disabled employee always eligible for FMLA leave? 4. Can you require medical certification to determine coverage under the ADA and FMLA? 5. How much total leave do you have to give? 6. Do you have to continue to pay for health insurance during a disability leave? 7. Are the reinstatement requirements different for the ADA and FMLA? 8. What precautions should you take to monitor leaves?
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EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, Section on Leave resource Agency Guidances Member contributionOCEG Reviewed
Permitting the use of accrued paid leave, or unpaid leave, is a form of reasonable accommodation when necessitated by an employee's disability.
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EEOC, The Americans with Disabilities Act of 1990, Titles I and V, Public Law 101-336 resource National Laws Member contributionOCEG Reviewed
The text of Titles I and V of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA), as amended, as these titles appear in volume 42 of the United States Code, beginning at section 12101. Title I of the ADA, which became effective for employers with 25 or more employees on July 26, 1992, prohibits employment discrimination against qualified individuals with disabilities. Title I will apply to employers with 15 or more employees beginning on July 26, 1994. Title V contains miscellaneous provisions which apply to EEOC's enforcement of Title I. The Civil Rights Act of 1991 (Pub. L.
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DOL, Federal vs. State Family and Medical Leave Laws resource State / Provincial Laws Member contributionOCEG Reviewed
These pages compare the provisions of the Federal Family and Medical Leave Act (FMLA) with similar statutes that have been enacted by 11 states (California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin and the District of Columbia.)
DOL, Fact Sheet #28: The Family and Medical Leave Act of 1993 (Rev. Feb. 2010) resource Agency Guidances Member contributionOCEG Reviewed
The FMLA entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, or for any “qualifying exigency” arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation.
DOL, FMLA Form - Employer Response to Employee Request for Family or Medical Leave resource Forms Member contributionOCEG Reviewed
Form WH-381: An optional form that an employer may use to respond to an employee's request for leave.
DOL, FMLA Form - Certification of Health Care Provider resource Forms Member contributionOCEG Reviewed
Forms WH-380 Series: Optional forms that may be used to obtain a medical certification from a health care provider.
