06/20/2013
Q. An employee has been with us for less than a year, so she isn’t yet eligible for FMLA leave. Last month she missed five days because her child had a high fever. She used available PTO for the time off. Last week, she was no-call/no-show for three days. She told the supervisor she had been hospitalized because of pregnancy complications and didn’t have access to a phone and was sedated. She provided a doctor’s note that released her to return to work, but stated that she may need to be put on bed rest. The supervisor would like to terminate her because we can’t afford to continue employing someone so unreliable. Can we do this?
06/18/2013
The U.S. Supreme Court on May 28 let stand a lower court’s ruling that employers may be required to reassign a disabled employee to a vacant position as an ADA reasonable accommodation if the employee can’t perform his or her current job.