In a recent case decided by the Massachusetts Commission Against Discrimination, an employer was found to have violated its obligations under the applicable disability statute by refusing to accommodate, or have a discussion to accommodate, a pregnant employee. The pregnant employee had developed postpartum depression and used up her 12-weeks of FLMA leave. At first, her medical diagnosis indicated that it was indeterminate when she would be able to return to work, so the employer terminated the employee without discussing any further accommodations with her. The Commission concluded that the mere fact that the employee had extinguished her FMLA leave was not an excuse to avoid further discussions with that employee in order to ascertain whether a short extension of the leave may have allowed that employee to return to work. It is the employer’s responsibility to initiate that conversation with the employee and ensure that all accommodations have been considered before taking any action. To learn more about the interplay between the Family and Medical Leave Act and disability statutes, listen to this week’s, listen to this week’s Telebrief here.
Also in this week’s Telebrief: Whether or not sexual orientation is a protected classification under Title VII and the District of Columbia’s Universal Paid Leave Amendment
Questions about the Family and Medical Leave Act or other topics from this week’s Telebrief?
About the Telebriefs®
The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful, on every call!
About the Presenter
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.
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