Tag: Disability

Question: Can we require employees to use their vacation and sick time at the beginning of an approved medical leave of absence? Answer: Generally, an employer may require employees to exhaust their paid time off when a medical leave, such as that under the Family and Medical Leave Act (FMLA), is unpaid. When not required,…

Broadcasting Companies and Post-Employment Restrictive Covenants On March 27, 2018, Utah Governor Gary Herbert signed legislation (H.B. 241) modifying the state’s Post-Employment Restrictions Act by establishing the circumstances and conditions for a post-employment restrictive covenant to be valid between a broadcasting company and its employees. The law is effective May 8, 2018. Read UT H.B….

The Department of Labor’s new claim rules for disability benefits took effect April 2, 2018. The changes were announced over a year ago, but the effective date was delayed to give insurers, employers, and plan administrators adequate time for implementation. Although we’ve reported on the key issues in this blog previously, now seems like a…

On November 29, 2017, the U.S. Department of Labor (DOL) published a Final Rule that delays implementation of new claim rules for disability benefits through April 1, 2018. This 90-day delay is intended to give the DOL, insurers, employers, and other interested parties additional time to review the new rules. The DOL is collecting public…

Question: Our business is headquartered in one state, and we have field sales employees in other states. Which state disability insurance and paid family leave information should those employees outside of our headquarter state receive? Answer: There is a doctrine known among HR professionals as “boots on the ground.” Essentially the doctrine means that, in…

Question: I have an employee in Utah who broke her leg and is unable to come into the office. Is there any type of government disability program she can sign up for to be paid while she is on Family and Medical Leave Act (FMLA) leave? Answer: Unfortunately, there is no state disability program in Utah…

Question: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave but was approved for an unpaid personal leave due to a medical emergency, are they also covered under the Americans with Disabilities Act (ADA)? Answer: There may be a requirement for interaction under the Americans with Disabilities Act (ADA). The…

Question: Does alcoholism fall under Americans with Disabilities Act (ADA) rules? Answer: An alcoholic is a person with a disability and is protected by the Americans with Disabilities Act (ADA) if she or he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an…

Question: We have a staff member who just had hip replacement surgery and is due back into the office very soon. If he does not return to work, can we terminate his employment? Answer: Any time an employee is deemed disabled by his or her doctor there is a high potential of liability and risk…

Question: How do I know if an employee’s self-disclosed medical condition needing accommodation is covered under the Americans with Disabilities Act (ADA)? Answer: The ADA does not outline specific ailments or disabilities which qualify under the ADA, but defines a disability as a“…physical or mental impairment that substantially limits one or more major life activities….”…