A common source of headaches for HR professionals and in-house legal advisors is dealing with FMLA and/or ADA-covered absences and requests for accommodations. The FMLA and ADA provide a number of protections for employees which often make employers feel as if they have no recourse. This is particularly frustrating when an employer believes that employees are abusing the system.
This client briefing will provide ideas and tips for limiting employee abuse, while complying with the FMLA and ADA. Covered topics will include:
- Overview of employer obligations under the FMLA and ADA, including a review of how the 2008 Amendments greatly expanded the coverage of the ADA such that plaintiffs’ lawyers can argue that any person with a chronic medical condition is protected by the ADA - even persons with temporary but severe medical conditions - and the extent to which an employer must hold a position open or potentially transfer an employee to another position.
- Provisions to include in policies.
- How to handle particularly challenging situations, such as responding to an accommodation request made for the first time after an employee receives a negative performance evaluation, and requests for teleworking or a stress free workplace as an ADA accommodation.
- How to develop accurate and helpful job descriptions, and why there is a need to remove inaccurate outdated job descriptions.
- Guidelines for obtaining medical documentation, and when and how to obtain an IME - an examination by a doctor of your choice.
- Ideas for handling intermittent and reduced schedule leave.
- Tips for the ADA interactive process and providing reasonable accommodations.
If you have any questions, please contact firstname.lastname@example.org and reference this event.