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PDF Editor FAQ

Is it legal to fire an employee for missing work for a doctor appointment?

In some states, firing an employee for this is at the very least asking for trouble.Late To Work? These Excuses Could Get You Fired42 U.S.C. § 12111(9) of the Americans With Disabilities Act requires “modified work schedules” for covered employees. Employers must provide “reasonable accommodation” unless compliance would be unreasonably, significantly difficult or expensive.The question is: Is the former employee covered — entitled to accommodations?An employment attorney who specializes in ADA claims would be able to advise on this, whether you are an employer or an employee. It’s a specialized area of the law. In addition, laws vary by state.

I’m having trouble with standing up for more than 10 minutes. I would like to be a surgeon, and I know that they have long complicated surgeries. Would that be a huge problem? Is there any way to treat this? I have flat feet.

Go to your doctor and discuss how you can't stand for more than ten minutes. Not being able to stand for more than ten minutes would be a serious impediment to most people's everyday life. Your doctor will probably refer you to a podiatrist, or perhaps refer you to physical therapy, or, depending on why you cannot stand for more than ten minutes, a surgeon, a nutritionist, or someone else who could help you.The conversation about whether or not you will ever be able to become a surgeon is one which you should have with your doctor, or depending on your specific situation, your podiatrist, etc.Now, even if you cannot improve your situation even with that support, medical schools should still offer you reasonable accommodation. According to the Americans with Disabilities Act, schools cannot refuse to admit you due to your disability.That said, even if you could not stand up for long enough to perform surgeries or to complete your training, you could certainly be a medical technician, pharmacist, or even a researcher who surgeons look up to.Good luck.P.S.: Stuff I looked at while writing this answer (because I’m out of my league and know it) which you might want to look at too:Want to be a doctor, but have a disability? Many medical schools look unwelcoming, study findsDoctors With Disabilities: Why They’re ImportantCan a surgeon operate while sitting down?Americans with Disabilities Act of 1990 - Wikipedia (Note the definition of “disability”.)Higher Education Compliance Alliance (Discusses what schools must do.)Top 50 Health Care Jobs (Note how many of them are not “surgeon”.)

How do I create a employee handbook?

All employers should have well-drafted employee handbooks to provide direction and structure for your employees and to protect the Company from unnecessary legal entanglements Handbooks should be updated at least annually to ensure that they are in compliance with recent federal, state and local laws that have been passed.Some things to consider:Do you have multiple references to your “At-Will” relationship with your employees?Do you have a policy that clearly spells out your EEO position?Do you have language that prohibits or regulates Overtime and Off the Clock work?Have you ensure that you have language to ensure your Social Media Policy will pass muster with the NLRBDo you know your rights as an employer with regard to the various State Medicinal Marijuana LawsDoes your Anti-Harassment Policy protect some of the newly identified protected classes under the Americans with Disabilities act and Title VII?Have you Revised your FMLA Policy in Accordance with the new rules on same-sex marriageDo you have a policy that prohibits romantic relationships between Superiors and Subordinates?Does your FMLA Policy identify the new Military Leave Provisions?Does your ADA Accommodation Policy include Reasonable Accommodations for Pregnant Employees and does it protect employees whose family members who may be disabled?Does your ADA Accommodation Policy provide instructions to your employees on how to start the Interactive Process?Have you revised your handbook to ensure reasonable break-time for nursing MomsHave you included a cell-phone and texting policy to help you avoid liability?These are just some of the things I look for when I do Handbook reviews for clients. Please reach out to us if you would like us to take a look at your Employee Handbook.

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