Understanding Undue Hardship with examples […]
Undue Hardship Explanation
Tag: Leave Management
HOW DO YOU MANAGE LEAVES WHEN YOU HAVE PAID EMPLOYEE HOLIDAYS OR BREAKS?
What Dominik would want to do is to verify the amount of FMLA and CFRA leave that Carissa has available. In Carissa’s case, she has not taken any leave under either regulation throughout the year. As an exempt employee, Dominik will need to confirm with Carissa and her supervisor how many hours a week she […]
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Employee ADA Non-Compliance: Next Steps
First, Mei is going to want to communicate directly with Janelle, in writing and in person, to confirm she requires med confirmation and clarification of the job functions Janelle is unable to perform or what restrictions prevent her from remaining at work for 8 hours. If Janelle continues to ignore Mei’s request for additional medical […]
Can You Extend ADA Accommodations?
Raj’s first reaction would be to accept Natasha’s request to extend her leave under ADA. However, he remembered something that Beth De Lima, the founder of LMS, talked about in the last member meeting that he attended. Thankfully someone else in the meeting had a scenario very similar to his! Beth reminded everyone that you do not […]
Blog post 11.9 – Membership
Answer: Since Gabriella exhausted all of her available FMLA leave during her first pregnancy, she is no longer eligible for additional FMLA leave since it offers 12 weeks of leave in one calendar year. Gabriella will now be eligible for another 17 1/3 weeks of PDL. However, she expects to require leave throughout the length of […]
Jeff is Overwhelmed with ADA
ANSWER: Jeff manages medical leaves and ADA accommodations in his workplace… Are You in Compliance? The LMS System Gives You the Confidence & Support You Need The American with Disabilities Act is a very complex regulation. Failing to implement ADA in compliance with both state and federal regulations can lead to expensive litigation as well […]
Do you feel as though you need more assistance and help with understanding the ADA Accommodation Blueprint strategy?
ANSWER: Sharon’s first step, once she has verified Joyce exhausted FMLA (or if they were not yet eligible), would need to inform Joyce of the need to participate in a Good-Faith Interactive Process to determine if additional leave is a reasonable request and not an Undue Hardship. Sharon would do this by providing notification to […]
Your Employee Returns to Work After Injury and he is Observed still in Pain? Do You Know What to Do?
ANSWER: HR should begin the interactive process by first engaging in a Conducting Good Faith Interactive Meetings (CA) (lmshrcertification.com) Good Faith Interactive Meeting with George. During this meeting HR explains to George that because lifting is an essential part of his job, and he is currently unable to lift, he either needs to take […]
Does the new PWFA apply to a Qualified Individual with a Disability under the ADA?
ANSWER: This situation crosses over many challenges for the employee. As employers, we provide medical benefits to employees and Employee Assistant Programs (EAP) to help them manage their health and well-being. The ADA is a benefit available for disabled employees who have indicated a modification to their work environment would allow them to perform […]
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Leave Management Challenges and the Ultimate Solution for HR Professionals
Many American and Canadian employers alike are aware of the employment law for employees’ rights to time off. However, there’s a wide range of laws that administer workplace leaves for reasons concerning personal or family illness, pregnancy, disability, organ donation, personal emergencies, and more. Due to outdated tools and human error, inaccurate data is […]
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