Articles and Blogs

Vacant positions

Medical Leave Up? Ask for More Says the EEOC

[05/21/13]

Posted on May 21, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Your Leave Is Up – Sorry but You’re Fired Many employers have medical leave policies.  Most of those policies allow leave for a maximum duration often three to six months or even up to a year.  The FMLA, of course, guarantees job protection for 12 weeks.  But what is an employer to do if... READ MORE

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Do We Have to Give Preference to a Disabled Employee When There is a Vacant Position?

[09/11/12]

Posted on September 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The answer to that question now is YES, so long as that person is “qualified” for the job and the transfer isn’t an “undue hardship.” A significant change of course on competition for vacant positions as an ADA accommodation Reversing twelve years of decisions that allowed an employer to pick the best applicant for a... READ MORE

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Heads Up – Mandatory Transfer to Vacant Position as ADA Accommodation – Maybe…

[05/10/12]

Posted on May 10, 2012 in HR Insights for Health Care

Written by: Craig M. Williams

Under the ADA an employer is obligated to find a “reasonable accommodation,” if possible, for a qualified individual with a disability, which would allow that individual to perform the essential functions of his or her job or to otherwise remain employed by the employer.  Such an accommodation can take various forms, including reassignment of... READ MORE

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