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When Does Disability Leave Become an Unreasonable Accommodation?

by Martin Salcedo, Esq. - The Human Equation on 7/9/2014
court room

When has an employer done enough to avoid liability for disability discrimination? Though hard and fast rules are rare in employment discrimination cases, particularly those involving disabilities, the Tenth Circuit Court of Appeals recently held that employers are almost never required to provide more than 6 months leave to an employee with a disability.

The quality versus cost argument is nothing new especially when it comes to insurance. Consumers who pay less tend to get less, whether in the form of coverages, limits or financial security. And, when people choose cost over quality, it usually means they are uninformed about what they really need.

In Hwang v. Kansas State University, an assistant professor working under a one year employment contract was diagnosed with cancer. KSU gave Ms. Hwang a six-month paid leave of absence so she could get treatment. On the advice of her doctor, Ms. Hwang requested additional time off. According to Ms. Hwang, KSU refused her request and effectively terminated her employment.

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Paying Employees for Travel Time

by Martin Salcedo, Esq. - The Human Equation on 1/6/2012

Under the Fair Labor Standards Act (FLSA), employers are required to pay employees the appropriate minimum wage and overtime rate for every compensable hour worked. Determining the number of hours worked by an employee is ordinarily a routine matter. However, when travel time is involved, employers must understand that the FLSA treats different types of travel, well, differently. More...

Qualifying Exigency Leave: A New Type of FMLA Leave that Employers Need to Understand

by The Human Equation, Inc. on 8/12/2009

What happens when an employee’s family member has been called to active military duty? Is the employee eligible for time off under the Family and Medical Leave Act (FMLA)? More...

Time-Off to Vote?

by The Human Equation, Inc. on 10/30/2008

Our company, which has offices in 11 states, has received numerous inquiries from employees regarding our time-off policy for the purpose of voting in the upcoming general election. More...

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Categories: 2008, Human Resources

Religious Reasonable Accommodation

by The Human Equation, Inc. on 7/31/2008

One of my employees asked for time off to attend Samhain Sabbat, an important Wiccan festival. Given that the employee's beliefs are sincerely held, does Title VII of the Civil Rights Act require me to make a reasonable accommodation for a so-called non-traditional religion such as this? More...

Employees with Jury Duty

by The Human Equation, Inc. on 7/11/2008

Does the law protect employees who cannot work because they have jury duty? More...

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Categories: 2008, Human Resources

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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