Medical Exams Under the ADA, FMLA, and Rehabilitation Act If your employer requires you to undergo a medical exam, do you have to submit to one? It depends. An employer cannot require you to take a medical examination before offering you a job. Following a job offer, an employer can condition the offer of employment on […]
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Because of the ADAAA, many employers today will not put up a fight as to whether you are disabled. However, particularly for mental disabilities, sometimes an employer will request follow-up information from your doctor. In some circumstances, your employer may even ask you to take what is called an independent medical exam (IME), which is
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Under the ADA, an employer must offer a qualified person with a disability a “reasonable accommodation” that will provide an equal employment opportunity, including an opportunity to attain the same level of performance, benefits, and privileges available to similarly situated employees who are not disabled. Reasonable accommodations may include “job restructuring, part-time or modified work
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Employee Retirement Income Security Act (ERISA) What happens when employers take away or deny your benefits? A significant perk of employment for many—besides the obvious paycheck—is the benefits package. This is often particularly true for pregnant women and caregivers who are, or will be, facing significant health-related expenses. What protections do you have when an
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In this case, an employer fired a woman because she had a baby who required expensive medical care. Thelma Fleming worked as a nurse practitioner for a nursing home, Covington Manor, three years before she gave birth to her first child. Her child was premature and required hospitalization for three months. Ms. Fleming’s medical expenses for her delivery
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Family and Medical Leave Act (FMLA) The FMLA—for you intrepid souls who want to read it—can be found at 29 U.S.C. § 2601. This is the only federal law that explicitly provides a right for employees to take time off from work to provide self care (e.g., you just had surgery and need time to recover) or time to
The FMLA and the ADA are the two primary laws that protect those requiring leave from work. These laws overlap in some respects, yet they have significant differences. Which employers are covered by the FMLA? The ADA applies to any employer with fifteen or more employees. The FMLA applies to employers with fifty or more employees within
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Case Study “Crappy” is a technical legal term that I will not define here. But this is essentially what a federal court in Connecticut found in Wanamaker v. West port Board of Education, 899 F. Supp. 2d 193 (D. Conn. 2012). This is a well reasoned case that is a must read for attorneys who represent clients subject to
Scenario 1 I suffer from ADHD and depression. Both worsened for a period of months and, as a result, I missed some important deadlines. Given my previous high performance, it should have been clear to everyone that I was experiencing health problems. One of my coworkers even asked me whether I had ever thought about taking Ritalin. I recently
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The ADA specifically provides that time out of work can be a reasonable accommodation. Note that this is particularly useful when you have a combined right to FMLA and ADA leave. If you have a medical issue that counts as both a serious medical condition under the FMLA and a disability under the ADA and run out of
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