Category: Disabilities

4486
Posted in Benefits Disabilities

Lower Base Period Wages Can Affect Expected Disability Benefits

A fairly new employee is out on a medical leave and receiving state disability insurance, but the weekly benefit she’s getting is far less than…

4200
Posted in Disabilities Termination Time Off

Things to Consider When Deciding on Disability Leave Extension

We have an employee who has been out on disability for almost a year, but we can’t let him go because he’s on disability. What…

5263
Posted in COVID-19 (Coronavirus) Disabilities

Understanding Religious Accommodations for Mandatory Vaccination Policies

COVID-19 vaccines continue dominating the news as the U.S. Food and Drug Administration (FDA) has now provided full approval of the Pfizer-BioNTech COVID-19 vaccine for…

5078
Posted in Disabilities

Interactive Process Key to Accommodating Employee with Disability

We have a new hire who, after being hired, disclosed a physical disability. She indicated that we need to accommodate her, and I have since…

3687
Posted in COVID-19 (Coronavirus) Disabilities

“Long COVID-19” May Be a Disability Under the ADA

On the recent anniversary of the federal Americans with Disabilities Act (ADA), the Biden-Harris administration released resources supporting individuals experiencing long-term COVID-19 symptoms, sometimes called…

5223
Posted in COVID-19 (Coronavirus) Disabilities Discrimination Workplace Safety

COVID-19 Vaccine Guidance Released

On March 4, 2021, the California Department of Fair Employment and Housing (DFEH) updated its COVID-19 guidance, addressing several vaccination-related questions. The updated guidance replaces…

4579
Posted in Disabilities Discrimination

If 65+ Employee Falters, Focus on Job Performance, Not Age

We have an employee who is over the age of 65 and has worked for us for several years, but recently his cognitive skills appear…

4447
Posted in Disabilities

Allergy Claim Triggers Need for Interactive Evaluation of Options

We have an employee who is claiming she’s allergic to various things in the office, but quite honestly, she has been trying to work from…

An employer may restore all the employee’s essential duties after the immediate crisis has passed, and then evaluate requests for accommodations under the usual ADA rules.
5986
Posted in COVID-19 (Coronavirus) Disabilities

Telework During Pandemic Could Affect Future Remote Work Requests

If an employer allows employees to telework during the COVID-19 pandemic, will the employer have to allow them to continue teleworking after the California shelter-in-place…

5986
Posted in COVID-19 (Coronavirus) Disabilities

Reasonable Accommodations During the COVID-19 Pandemic

As COVID-19 changes the employment law landscape, government agencies continue to provide guidance on many commonplace compliance issues that are now causing confusion for employers….