A Capehart Scatchard Blog

Tag: FMLA

Employer May Have Violated Both The ADA and FMLA Regarding Plaintiff’s Knee Injury Arising Out Of His Employment

By on April 6, 2018 in Policy with 0 Comments

Skilled practitioners know they must keep an eye on potential employment litigation stemming from workers’ compensation claims.  The case of Dallefeld v. The Clubs at River City, Inc., 2017 AD Cases 244151 (D. Illinois 2017) provides a good illustration. Jason Dallefeld was the Director of Membership Sales, providing tours, selling memberships, and making sure other […]

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Federal Court Upholds Employer’s Six Month Leave Policy for Work-Related Injuries

By on January 12, 2018 in Court Rulings with 0 Comments
Federal Court Upholds Employer’s Six Month Leave Policy for Work-Related Injuries

The case of Billups v. Emerald Coast Utilities Authority, 33 AD Cases 1312 (11th Cir. October 26, 2017) presented a challenge by an injured employee to his company’s six month limitation of leave. Mr. Billups injured his shoulder on December 18, 2013 doing his work as a Utility Service Technician II. He felt a pop […]

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EEOC Guidelines on Unpaid Leave Complicate Matters for Employers

By on August 30, 2016 in EEOC with 0 Comments

The new EEOC Guidance issued on May 9, 2016 upsets many of the assumptions employers routinely make in regard to leaves of absence.  The EEOC states, “An employer must consider providing unpaid leave to an employee with a disability as a reasonable accommodation if the employee requires it, and so long as it does not […]

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