Disability & Leave Management

A nurse’s request to use a cane while working in a hospital’s behavioral health unit is not a reasonable accommodation under the Americans with Disabilities Act, a federal district court in Florida has ruled. United States Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., No. 8:13-cv-2723-T-30TGW (M.D. Fl. Feb. 18, 2015).

Leokadia Bryk worked

A senior living facility lawfully terminated an LPN when, following knee replacement surgery and the expiration of her FMLA leave, she could no longer perform the essential functions of her job, a federal district court has found.
Continue Reading Inability to Perform Essential Job Functions after FMLA Leave Sinks LPN’s Disability Discrimination, FMLA Claims

A certified nurse’s assistant cannot pursue a disability discrimination claim under the Americans with Disabilities Act because she failed to exhaust her administrative remedies, the U.S. District Court for the Eastern District of Tennessee ruled in Davenport v. Asbury Inc., No. 3:12-CV-00445 (E.D. Tenn. Mar. 29, 2013). 

Under the ADA, a claimant must file a

A resolution adopted by the Nurse Alliance Leadership Council of SEIU Healthcare opposing mandatory flu vaccine and masking policies may add another challenge to healthcare employers seeking to implement such requirements.
Continue Reading SEIU Opposition to Mandatory Flu Shots for Healthcare Workers Adds Challenge to Vaccination Programs

OSHA recently announced a new enforcement program targeting nursing home and residential care facilities.  The program, effective a week-and-a-half ago, focuses OSHA compliance officers on inspecting nursing homes and assisted living facilities.  More info. is available on Jackson Lewis’ OSHA Law Blog at the following link: http://www.oshalawblog.com/

Healthcare employers – we thought you may be interested in this 9th Circuit decision addressing the request of an ICU neo-natal nurse to “opt-out” of the employer’s unplanned absence policy as an accommodation.   A summary of the opinion is available on Jackson Lewis’ Disability, Leave and Health Management blog at http://www.disabilityleavelaw.com/.