Compliance Stuff

Navigating reasonable accommodations under the Americans with Disabilities Act (ADA) and related state laws can be challenging for employers—particularly on the thorny issues of leave and remote work. The U.S. Court of Appeals for the Fourth Circuit, in the case of  Coffman v. Nexstar Media Inc. , offers some guidance on these topics. Quick Hits The U.S. Court of Appeals for the Fourth Circuit provided guidance in a recent unpublished opinion on leave and remote work as reasonable accommodations under the ADA and West Virginia Human Rights Act. Indefinite leave is not a reasonable accommodation as a matter of law . Remote work is not a reasonable accommodation for an employee who is receiving short-term disability insurance benefits, which typically are awarded only when an employee cannot work at all. Background The employer approved eight weeks of remote work for an account manager experiencing pregnancy complications, followed by twelve weeks of Family and Medical Leave Act (FML...

Managing employee medical leaves can be one of the most confusing challenges for California employers. You want to support your team, but what happens when the time off just keeps getting extended, with no clear return date? The good news: California law does not require you to grant indefinite leave as a reasonable accommodation. A recent Court of Appeal decision,  Manos v. J. Paul Getty Trust , reinforces this important principle under the Fair Employment and Housing Act (FEHA). What the Law Requires When employees exhaust protected leave under the FMLA, CFRA, or other laws, employers still need to consider whether the ADA or FEHA require additional accommodations. Sometimes that means more unpaid leave—but only if there’s a real expectation that the time off will help the employee return to work. The law is clear: Leave may be a reasonable accommodation if it’s likely to allow the employee to come back and perform the essential functions of their position. Employers are not req...