In E.L. Wiegand Division, Emerson Electric Co., the National Labor Relations Board (Board) held that an employer may no longer require disabled employees on sick leave to disavow strike activity in order to receive employee disability benefits. The Board went on to hold, however, that once the disabled employee shows affirmative support for the strike, he runs the risk of forfeiting his right to disability benefits. In Emerson, the Board completely reexamined the rights of disabled employees in the context of a labor dispute and expressly overruled its prior decision in Southwestern Electric Power Co.
Bates, W. Carter
"Sick Leave Benefits: The NLRB Reexamines The Rights of Disabled Employees During a Strike,"
Mercer Law Review: Vol. 32:
2, Article 11.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol32/iss2/11