Interaction with Federal and State anti-discrimination laws

CurrencyCurrent through May 31, 2023
Citation 29 C.F.R. §825.702
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5 books & journal articles
  • VOLUME I Chapter 11 Family and Medical Leave Act
    • United States
    • South Carolina Bar Labor and Employment Law for South Carolina Lawyers, Volumes I and II (SCBar)
    • Invalid date
    ...for paid sick or medical leave, but failure to provide such enhanced proof of illness cannot be used to deny FMLA leave).[96] 29 C.F.R. § 825.702(d)(2) (2015).[97] Id.[98] Id.[99] 29 U.S.C. § 2612(d)(2) (2015); see also Cline v. Wal-Mart Stores, 8 Am. Disabilities Cas. (BNA) 154, 157 n.1 (4......
  • VOLUME II Chapter 19 Americans with Disabilities Act
    • United States
    • South Carolina Bar Labor and Employment Law for South Carolina Lawyers, Volumes I and II (SCBar)
    • Invalid date
    ...employee to perform the essential functions which disabled employee could not perform).[69] Id.[70] 29 C.F.R. app. § 1630.2(o); 29 C.F.R. § 825.702 (2016).[71] 29 C.F.R. app. § 1630.2(o). Reassignment is not applicable to job applicants. Id. If the applicant cannot perform the essential fun......
  • Section 29 Construction With Other Laws
    • United States
    • The Missouri Bar Employment Discrimination Deskbook Chapter 13 Family and Medical Leave Act
    • Invalid date
    ...inconsistent. Employers must be aware of the similarities and differences so that the employer fully complies with each law. See 29 C.F.R. § 825.702(a). An employee who has used 12 weeks of FMLA leave may still be entitled to additional leave as an ADA accommodation. It is also important to......
  • Section 19 Construction With Other Laws
    • United States
    • The Missouri Bar Employer-Employee Law Deskbook Chapter 7 Employee RightsLeaves of Absence, Uniformed Services Employment, Workers Compensation Retaliation, and Related Topics
    • Invalid date
    ...note that the ADA’s “disability” and the FMLA’s “serious health condition” are different concepts and should be analyzed separately. 29 C.F.R. § 825.702(b). If the eligible employee’s serious health condition results from an on-the-job injury and the employer designates the leave as paid wo......
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