Nancy's Case Study

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NANCY 3 ____________________________________________________________________ Case Study #2: Nancy The Family and Medical Leave Act (FMLA) requires all employers covered under the Act to give employees unpaid sick leave. "FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee's immediate family. In many instances paid leave may be substituted for unpaid FMLA leave" or other accommodations may be required for an ailing employee. As well as FMLA, Nancy's modified schedule is also protected under the Americans With Disabilities Act (ADA) which likewise notes, regarding an employee's reduced schedule: "a modified schedule may involve adjusting arrival or departure times, providing periodic breaks, altering when certain functions are performed, allowing an employee to use accrued paid leave, or providing additional unpaid leave. An employer must provide a modified or part-time schedule when required as a reasonable accommodation, absent undue hardship, even if it does not provide such schedules for other employees." However, there is evidence that Nancy's overall performance is causing her and her patients undue hardship, thanks to the poor quality of her performance, as well as her reduced number of days at the hospital. Nancy's employers have made every effort to deal with her illness, including giving her leave, modifying her schedule, and placing her on a light duty position. Nancy now has
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