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Protecting Employers for Over 30 Years
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St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

Family and Medical Leave Act (FMLA) Archives

Extended Medical Leaves and the ADA: Court Provides Much-Needed, Long-Awaited Clarity

"The ADA is an antidiscrimination statute, not a medical-leave entitlement." These are the words employers have been waiting more than 25 years to hear, since the date the ADA first became effective, and even more so after the passage of the Family Medical Leave Act in 1993. They address an issue that has vexed employers since day one; that is, whether the duty to accommodate requires an employer to provide an extended medical leave after an employee has exhausted all of the medical leave available to him under the FMLA. The EEOC has vigorously contended that it does, particularly where the proposed leave is of a definite, time limited duration; requested in advance; and, likely to enable the employee to perform the essential functions of his job upon his return. On September 20, 2017, the Seventh Circuit Court of Appeals flatly rejected the EEOC's contention.

Family Medical Leave Expansion

As most employers know, the Department of Labor Family Medical Leave Act (FMLA) forms which were initially issued in the early 1990s expired as of December 31, 2011. The Department of Labor (DOL) has been working with the Office of Management and Budget to extend the life of these forms and received approval that their model forms will be extended through February 28, 2015. Unfortunately, the DOL has made very few changes to those forms to incorporate any required modifications with regard to the expansion of Military Family Leave and the provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA).

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

Phone: 312-629-9300
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Chicago, IL Office

9800 Shelard Parkway
Suite 310
Minneapolis, MN 55441

Phone: 952-746-1700
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Minneapolis, MN Office

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

Phone: 262-560-9696
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Milwaukee, WI Office

101 West Second Street
Suite 307
Davenport, IA 52801

Phone: 563-333-9102
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Davenport, IA Office

Dunham Center
2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
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St. Charles, IL Office

Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

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