Question: We have an employee no longer physically capable of their job. We have tried to accommodate, but the condition has not improved. Is there anything else we need to do before letting them go? Answer: The first thing you’ll want to do is make sure that you’ve...
ADA
Can we ask employees if they are taking any medications that may impair their abilities to do their job?
Generally, no. The Americans with Disabilities Act restricts employers from asking medical questions of employees and protects the privacy of medical information. Asking about prescription medications would fall into the category of a medical-related inquiry and...
What happens if an employee’s FMLA time has run out, but they say they’re not able to return to work?
Even if an employee has exhausted their FMLA leave for the year, their condition may fall under the Americans with Disabilities Act (ADA). Under the ADA, a disabled employee is one who has a physical or mental impairment that substantially limits one or more major...