doherty university understanding fmla, ada & adaaa teaser

Understanding FMLA, ADA, & ADAAA

ADA - PROTECTED GROUPS

• Qualified individuals with a disability• Qualified individuals who have a record of a

disability• Qualified individuals who are regarded as having

a disability

ADA - QUALIFIED INDIVIDUALS

• The person must:

− Satisfy requirements for educational

background, employment experience, skills,

licenses, etc.

AND

− Be able to perform tasks that are essential to

the job, with or without a reasonable

accommodation

ADA - INTERACTIVE PROCESS

• Analyze the job and determine its essential functions

• Consult with the individual to determine how the limitations could be overcome

• With the individual, identify potential accommodation options

• Select and implement the most appropriate accommodation

ADAAA – DECISION MAKING CYCLE

*SHRM - HR Techniques for ADA Compliance: Designing and Implementing Interactive Process 

FMLA BASICS

• Provides job-protected leave for the following reasons− Medical leave

• Own serious health condition (includes birth of a child)• Serious health condition of a spouse, child or parent

when the employee is needed to provide care or support− In-laws are not covered − In loco parentis covered

− Family leave• To bond with a newborn, adopted child or child placed

in foster care• Applies to both parents

FMLA BASICS

−Qualifying exigency leave• Any qualifying exigency arising out of the fact that a child,

spouse or parent is called to active duty−Servicemember family leave

• To care for a child, spouse, parent or next of kin who has a serious injury or illness as a result of serving in the military

• Significant differences from other forms of FMLA leave

FMLA - EMPLOYER RESPONSIBILITIES

• Employers must provide FMLA information

− No “magic words”

− No formal request is required• Do not ask for details about the condition

− State the employee’s options

− Allow employee to volunteer information

FMLA - EMPLOYER RIGHTS

• Require 30 days notice• Require medical documentation no later than

15 days after first day out of work• Require medical recertification every 30 days

− Does not apply to family leave

− May not be more often

CONCLUSION

Effectively administering FMLA programs and reasonable accommodations under the ADA(AA) is essential for employers seeking to mitigate risk in these areas.Please contact us with any questions you may have regarding generational differences in your workplace or other organizational development questions.

952-835-8888info@dohertyhro.com