Michael J. Soltis
Jackson Lewis PC
Articles
Is a food allergy a disability under the ADA?
USA - January 26 2013 "It depends," according to the U.S. Department of Justice. "Some individuals with food allergies have a disability as defined by the…
Attendance is essential function under ADA for PICC nurse
USA - February 17 2014 Whenever a court holds that coming to work is an essential function of an on-site job, it is worthy noting given what seems to be frequent…
Employer must reduce performance standards to take FMLA absences into account
USA - August 13 2012 While the FMLA does not require an employer to reduce its performance standards when an employee is actually on the job, the FMLA “can require that performance standards be adjusted to avoid penalizing an employee for being absent during FMLA-protected leave,” according to the United States Court of Appeals for the Seventh Circuit.
Court issues leave limits guidance: will employee be able to perform essential functions on an estimated date within 6 months?
USA - September 4 2012 The question frustrating employers for decades remains: how much leave, beyond FMLA and employer policies, must an employer give a disabled employee as a reasonable accommodation under the ADA?
"Can't be on call tonight, dad's in ER" not a request for FMLA leave
USA - June 15 2013 An employee's text message to her supervisor telling him that she could not be on call that night because her father was in the emergency room was…
