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Posts in Leave Policies.

Consider the following scenario. You are an employer to which the FMLA and ADA apply. One of your employees has been on unpaid FMLA leave due to medical conditions that have required ongoing treatment by a team of doctors. The employee has exhausted all of his sick leave and paid time off and is nearing the conclusion of the twelve weeks of unpaid FMLA leave to which he is entitled. You prepare a letter informing him that he must report back to work on the day after his leave has run out. Just before that date, however, the employee provides you with a doctor’s note stating that the employee requires additional medical testing as a part of his treatment, is unable to return to work at the present, and without the additional testing, it is unclear when the employee will be able to return to his job.

Lab Results

Does your wellness program ask employees to take a health risk assessment? Do your employees undergo a fitness for duty examination? Or do you have employees who have requested to take leave under the Family and Medical Leave Act (FMLA)?

If so and you have 15 or more employees, you need to ensure that you are in compliance with the Genetic Information Nondiscrimination Act (GINA).

GINA prohibits employers and other covered entities, such as health insurance companies, from requesting or requiring genetic information with respect to an employee or family member of the employee. It also prohibits employers from discriminating, harassing or retaliating against employees or job applicants on the basis of genetic information.

Washington DCFor employers located in the greater Washington, DC metro area, keeping up with multiple states’ employment law requirements can be challenging. Virginia and Maryland closely track the federal laws that govern employers on issues such as the Family Medical Leave Act and the Americans with Disabilities Act, with only some minor variations.

However, the District of Columbia has implemented more stringent requirements for employers to comply with under several employment laws. In this month’s article, I will focus specifically on one law the District of Columbia has passed that Virginia and Maryland do not have and how employers can comply with it.