Medical Information

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    The Drug-Free Workplace Act of 1988 (41 USC 701 et seq.) requires federal grantees of any amount and recipients of federal contracts of $100,000 or more to undertake specific efforts to address and prevent drug use in the work place. The law doesn't require alcohol or drug testing, but testing is implicitly authorized as a means to maintain a...

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    A federal court in Missouri recently ruled against the U.S. Postal Service (USPS) on its request for dismissal of a disability discrimination lawsuit filed by a letter carrier who walks with a cane. The court determined that comments by the employee's supervisor suggesting that he should apply for disability retirement showed discriminatory intent...
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    If the Family and Medical Leave Act (FMLA) applies to your company, you probably understand that employees must satisfy certain eligibility requirements before they can take protected leave under the statute. However, you may not realize that the FMLA might provide some protections even to employees who don't satisfy its requirements. In a...
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    The U.S. Court of Appeals for the 6th Circuit (whose rulings apply to all Kentucky employers) recently upheld a trial court's decision that an employee didn't meet the definition of "disabled" under the employer's benefit plan. Under the plan, long- term disability (LTD) benefits were triggered if the employee was unable to do "any" work. The...
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    It's widely understood in the retail business that employees must have scheduling flexibility and be available when customers are shopping — which is often in the evenings and on weekends. A recent case in Maine involved a diabetic employee whose doctor recommended a predictable schedule that seemed contrary to her employer's business needs...
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    A participant in an employee benefits plan may contractually agree to a statute of limitations that begins to run before the employment claim accrues. The U.S. Supreme Court recently held that a long-term disability plan may enforce a provision that requires a participant to file suit within three years after the due date for proof of disability,...
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    Since the ADA Amendments Act (ADAAA) went into effect in 2009, it's rarely ever necessary for a court to consider whether an employee is "disabled" for purposes of the Americans with Disabilities Act (ADA). Even seemingly minor conditions such as migraine headaches, anxiety, and high blood pressure are now considered disabilities under the...
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    Q We have several employees who have been abusing their intermittent leave under the Family and Medical Leave Act (FMLA) by calling in late or calling in a full day's absence and telling our call- in line only that they will be out "for FMLA reasons." We have been told by some of our other employees that their coworkers' absences have nothing to...
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    The West Virginia Supreme Court of Appeals recently loosened the evidentiary burden for employees suing their employers for workers' compensation retaliation. In the process, the court made it more difficult for employers to decide whether to return employees to their previous jobs following an injury. Nagging injury delays full return In 2005...
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    The 8th Circuit recently held that an employee's supervisor didn't violate the Family and Medical Leave Act (FMLA) when he terminated her following a dispute over her request to keep a previously scheduled doctor's appointment for ongoing cataract prevention treatment. Facts Barbara Hager, an employee of the Arkansas Department of Health, made...
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