Leaves of Absence: FMLA VS ADA

Transcription

1 Leaves of Absence: FMLA VS ADA

2 FMLA: Family Medical Leave Act Under FMLA, covered employers must provide up to 12 weeks of unpaid, job-protected leave to eligible employees for: Inability to work due to pregnancy Inability to work due to child care after birth Inability to work due to caring for a spouse, child, or parent with a serious health condition Inability to work due to a serious health condition

3 FMLA Information Leave can be taken intermittently or when medically necessary Employers cannot terminate employees who have exhausted their 12 weeks FMLA entitlement Employees may choose or employers may require the use of accrued paid leave Employees must comply with the employer s normal paid leave policies

4 ADA: Americans with Disability Act ADA leave covers situations where FMLA leave does not apply

5 FMLA requirements VS ADA requirements FMLA 1. Employed by a covered employer for at least 12 months 2. Have had at least 1,250 hours of service during the 12-month period immediately before the leave started; and 3. Be employed at a worksite where the employer employs 50 or more employees within 75 miles or at a public agency, public school board, or elementary or secondary school. ADA The ADA poses no such requirements: Employee does not need to work at the company for a certain length of time or hours Employee still qualifies if already exhausted twelve weeks of FMLA leave Employer has to have at least 15 employees

6 Denial of Leave The only basis for a denial of leave under ADA is if it would pose an undue hardship to the employer. A qualified individual with disability is entitled to additional time allotted beyond FMLA if it will not cause an undue hardship on the employer. Given that the ADA and FMLA operate independently of each other, an employer must therefore provide leave under whichever statutory provision provides the greater rights to employees

7 ADA Leave 5 Factors 1. The nature and net cost of the accommodation needed under this part, taking into consideration the availability of tax credits and deductions, and/or outside funding 2. The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources

8 ADA Leave 5 Factors 3. The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type and location of its facilities 4. The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity, the overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type and location of its facilities

9 ADA Leave 5 Factors 5. The impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility s ability to conduct business

10 Pregnancy and ADA Pregnancy alone is not considered a disability for purposes of the Americans with Disabilities Act (ADA) To be considered a disability under the ADA, covered persons must have physical or mental impairments that substantially limit one or more major life activities

11 Pregnancy and FMLA Complications resulting from pregnancy may be impairments that the employer will need to consider and accommodate on a case-by-case basis The Pregnancy Discrimination Act, or PDA, makes it illegal for employers to terminate an employee for taking time off due to complications arising out of pregnancy, even if she has exhausted her FMLA entitlement

12 How NOVAtimeCan Help Employees FMLA request validation On-screen compliance form entry

13 How NOVAtimeCan Help Eligilabilty NOVAtime can verify if the employee qualifies to request FMLA leave

14 How NOVAtimeCan Help Administrator Configure workflow / to-do list Reminders send via the notification engine Calendar / Analytics integration

15 How NOVAtimeCan Help Document Manager View Scanned documents Fill in PDF compliance forms on screens Analytics integration

16 How NOVAtimeCan Help Workflow integration Questionnaires To-do lists / dates Compliance forms Notifications / reminders

17 How NOVAtimeCan Help Case Details Review case details and task progress Create a case on behalf of an employee Review completed documents Case approval Complete admin tasks Add to or modify case task list Review case document history