Medical Information

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    The U.S. Court of Appeals for the 1st Circuit (whose rulings apply to New Hampshire employers) recently rejected a teacher's claim that he was terminated in retaliation for requesting leave under the Family and Medical and Leave Act (FMLA), even though he wasn't eligible for leave under the Act. Background Raymond McArdle is a former teacher...
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    Under the Occupational Safety and Health Administration's (OSHA) Standard 1910.1020, employers must preserve medical and exposure records pertaining to employees. Medical records must be kept for the duration of the worker's employment plus 30 years, and exposure records must be kept for 30 years. Access to such records must be granted to the...
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    In the February 2013 issue of Maryland Employment Law Letter, we reported on the U.S. district court's dismissal of an interesting case involving the Family and Medical Leave Act (FMLA) and the Salvation Army. On December 31, 2013, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all Maryland employers) affirmed the district...
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    A federal court in Kentucky recently concluded that an employer didn't impermissibly regard a job applicant as disabled under the Americans with Disabilities Act (ADA) when it relied on a medical provider's erroneous report that he was unable to perform the essential functions of the job. Facts Colin McDonald applied for a maintenance...
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    The Arkansas Court of Appeals recently held that an Arkansas employee was entitled to an additional change-in-physician request even though she had already received her single statutory allotment because she failed to receive the benefit of her first change in physician. Facts Patsy Ann O'Guinn, a nurse's aide who provided home health care for...
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    The U.S. District Court for the District of New Hampshire recently granted the portion of a school district's motion for summary judgment (pretrial dismissal) related to a diabetic teacher's claims that she wasn't allowed to test her blood sugar level. However, the court denied the district's request to dismiss her "failure to transfer" claim...
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    Q We are a manufacturer with labor-intensive positions. Can we conduct prehire background checks that focus on a potential employee's workers' compensation history? Are there any federal or state concerns to be mindful of? A You can typically conduct a background check to evaluate an applicant, and background checks are actually required in...
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    Q We recently put an employee on a corrective action plan (CAP). The next day, she brought in a doctor's note excusing her from work for two weeks "due to an injury or illness" and to "get back on her medication." She disclosed that she is on antidepressants. Part of her CAP is to be present at work because her frequent absences are a problem....
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    Two Hawaii judges recently issued rulings on disability discrimination claims brought against Hawaii employers. One case shows that the ADA Amendments Act (ADAAA) is having an impact in terms of expanding the types of impairments that qualify for protection. The other decision reaffirms that employers don't have to grant all requested...
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    Q One of our employees left work early one day because of a toothache and went to the dentist. It turns out he has to have a root canal, which will require several appointments. Would his time off qualify for protection under the Family and Medical Leave Act (FMLA)? A The FMLA provides protected leave for an employee who suffers a serious health...
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