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A trucking and property management company recently settled a lawsuit that the EEOC had filed against it in which the EEOC alleged that the company refused to make reasonable accommodations and then fired two of its employees because of their disabilities. The lawsuit claimed that Groendyke Transport had a policy to fire employees after they had exhausted their 12 weeks of FMLA leave. One employee (who had worked for Groendyke for 20 years) needed only one additional week of leave after his 12 weeks of FMLA leave were exhausted, but the company refused this accommodation and terminated his employment. Such alleged conduct is a violation of the Americans with Disabilities Act, which prohibits discrimination on the basis of an employee’s disability. See EEOC v. Groendyke Transport, Inc and McKenzie Property Management, Inc. f/k/a McKenzie Tank Lines, Inc., No. 3:19-cv-02830-RV-EMT (N.D. Fla.).
If You Need Time Off Work For A Serious Medical Condition, Check To See If You Are Eligible for FMLA11/13/2017
The Department of Labor recently resolved a matter alleging violations of the Family and Medical Leave Act by a nursing home. The Department of Labor found that the nursing home did not inform employees that their medical conditions might qualify them to take a leave of absence under the Family and Medical Leave Act, and also that the companies did not provide employees with information regarding the Family and Medical Leave Act. These employees instead received negative points for attendance and other discipline when they exceeded absence limits due to missing work for reasons that may have been eligible for leave under the FMLA. The nursing homes also required the employees to work with other employees to cover their shifts. For qualified employees, the Family and Medical Leave Act requires that employers provide eligible employees with up to twelve weeks off per year in order to attend doctor’s appointments and to care for family members. See Acosta v. Fremont Healthcare, LLC, No. 17-cv-00644 (W.D. Mich.).
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