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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Disability, Medical Leave & Reasonable Accommodations

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3 Practical Challenges for Employers Created by Legalized Marijuana

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discipline & Performance Management, Hiring, Supervisor Training

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the workplace. Now, Massachusetts has legalized limited use of recreational marijuana. Although the recreational marijuana use law also provides that employers may prohibit… Continue Reading

Employers Beware: New Standard Issued for Accommodating Pregnancy

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discrimination

Earlier this week, the U.S. Supreme Court declared that a new test applies for pregnancy discrimination. In Young v. UPS, the Supremes decided that in pregnancy discrimination actions under the federal Pregnancy Discrimination Act (“PDA”), the long-standing McDonnell-Douglas burden shifting test does not apply. Employers should ensure their policies, especially any light duty policies, comply… Continue Reading

Hey Guys, You Get “Maternity” Leave, Too!

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discrimination, Employee Benefits

For years, the Massachusetts Maternity Leave Act (“MMLA”), M.G.L. c. 149, §105D, only applied to female employees by its literal terms. The Massachusetts Commission Against Discrimination (“MCAD”), the agency tasked with enforcing the MMLA, has taken the position that if the MMLA was applied literally, it would be unconstitutional, as it would give female employees… Continue Reading

Holiday Tips for Employers

Posted in Disability, Medical Leave & Reasonable Accommodations, Discrimination, Harassment, Supervisor Training, Wage & Hour, Worker Classifications

Because ’tis the season to give, The In-House Advisor would like to give in-house counsel the following reminders so as to limit their companies’ holiday exposure: Tip 1:  Religious discrimination and accommodations As we all know, while the “holiday” season in December often refers to Christmas, there are many other religious holidays celebrated by workers,… Continue Reading

Caution! Employees Not at Work

Posted in Disability, Medical Leave & Reasonable Accommodations, Separations, Layoffs & Terminations

Although there are many occasions when an employer may lawfully terminate a non-performing or absent employee, if the reason for the non-performance or absence is based on a physical or mental condition – or a perceived physical or mental condition – employers are well-served to carefully scrutinize the facts before deciding to terminate an employee. … Continue Reading

Employers Still Required to Provide Unpaid and Work-Free Maternity Leaves

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discrimination, Employee Benefits

Yahoo!, Twitter, Facebook and every possible media outlet have been aflutter with praise and criticism since newly appointed Yahoo! CEO Marissa Mayer announced to Fortune magazine that she is pregnant and taking a “few weeks” of maternity leave and will be “working throughout it”.  Though this may be heartening for Yahoo! investors, the typical employer… Continue Reading

Providing Temporary Accommodations for Employee Disability

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discipline & Performance Management, Discrimination

It’s never easy to navigate the legal requirements when an employee has a medical condition or  disability.  One of the many complications is providing a “reasonable accommodation,” a process that often requires significant time and careful consideration of how and what medical information can be obtained and scrutinized.  In providing accommodations, some employers hesitate to… Continue Reading