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FMLA and ADA Compliance Training

Group 1

Bridget Gilbertson

on 16 April 2015

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Transcript of FMLA and ADA Compliance Training

FMLA provides a total of 12 unpaid weeks of job-protected leave to an eligible employee for the following reasons.....
Medical and Disability Leaves and Workplace Accommodations
Family and Medical Leave Act (FMLA)
What is FMLA?
Who is eligible?
Managing Leaves
Real-Life Scenario

American's with Disabilities Act (ADA)
What is ADA?
What is considered a disability?
What is considered reasonable accommodation?
Real-life scenarios
Family and Medical Leave Act
the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
to care for the employee’s spouse, child, or parent who has a serious health condition;
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Who is eligible for FMLA?
Employees are eligible for FMLA if. . . .
They have completed 12 months of service
Does not have to be consecutive
They have worked at least 1,250 hours during the preceding 12-month period

FMLA Process
If an employee notifies you that they need a leave of absence or intermittent leave for one of the reasons noted above, Atterro has been put on notice.
Contact Human Resources to determine if the employee meets the FMLA eligibility requirements.
If not eligible, considerations may need to be made under ADA.
If eligible for FMLA, HR will send the employee a FMLA follow-up letter, the Notice of Eligibility and Rights & Responsibilities and if applicable, a medical certification.
If a medical certification is required, the employee has 15 days for their physician to complete the paperwork.
HR will review the complete FMLA certification and appropriately designate a leave of absence or if applicable, intermittent leave.
HR will send the employee a follow-up letter and Designation Notice.
Returning an employee from FMLA leave. . .
We must return an employee to the same position or equivalent position with similar pay & benefits.
If an employee needs additional time off after they have exhausted their total FMLA leave, or needs work accommodations in order to return to work, work with HR to discuss ADA considerations.

Frequently Asked Questions
Is FMLA paid?
No, FMLA is not paid but it does offer the employee "job-protected" leave - that is the benefit.

An employee is not requesting a leave of absence only time off for doctor's appointment, is that covered under FMLA?
Yes. If they meet the eligibility requirements, employees are able to utilize FMLA on an intermittent basis so long as it is a qualified reason. If utilized intermittently, the branch and OU would need to track the usage. An employee is eligible for 12 weeks or 480 hours in a 12 month period.

Does FMLA run concurrently with Worker's Compensation?
Yes, it can. If an employee's workplace injury is considered a serious medical condition and requires intermittent leave, reduce schedule or a leave of absense, all the time away from their assignment should be designated as FMLA (if they meet the FMLA eligibility requirements).
FMLA Scenario
A talent has been on a long-term assignment and informed us that she needs leave for the birth of a child. We determine she is eligible for FMLA.
The client wants to know who will cover for this talent while they are out on leave?
What if the client does not want to return her to her assignment?
What if the assignment is expected to end while she is on maternity leave?

FMLA Scenario
Client calls and tells you that they would like to terminate one of our talent because he has been off of work too long. After asking more questions you realize that the talent has been out for a full week due to illness.

Is the "illness" a serious medical condition?
Is the talent eligible for FMLA?
What is the talent anticipated additional needs for time off?
Client education on FMLA?
What is the American's with Disability Act (ADA)?
Federal law that prohibits discrimination against employees as well as applicants with a disability or perceived disability.

What does the ADA consider to be a disability?
An individual with a disability is defined by the ADA as a person who has a
impairment that substantially limits one or more major life activity, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Examples of major life activities could be hearing, seeing, speaking, breathing, caring for oneself, walking or working – the amended act also lists activities
such as learning, reading, concentrating, thinking and communicating.
Workplace Accommodations
Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless to do so would cause undue hardship to the employer.
Examples of workplace accommodations:
Modifying work schedules
Granting breaks or providing leave
Altering how or when job duties are performed
Provide telework
Reconfiguring work spaces
Providing materials in alternative formats (i.e. Braille, large print)
Providing a reassignment to another job
Disabilities can be temporary or permanent
ADA Process
If an employee shares with us that they need a workplace accommodation due to a disability or medical condition, Atterro has been put on notice.
Contact Human Resources to begin the
The interactive process is defined as a collaborative effort involving an employer and employee to identify the limitations resulting from the disability/medical condition and potential reasonable accommodations that could overcome those limitations.
Interactive Process Considerations:

In most situations, Atterro will required the employee to complete the ADA certification to support the accommodation request.

Atterro does not automatically have to accommodate the employee's request if there are other reasonable accommodations that meet the same objective.

Accommodations do not need to be made if it causes an undue hardship to the employer (Atterro or client) but the threshold of "undue hardship" is very high.
ADA does cover both employees and applicants. Therefore, the same ADA interactive process needs to occur with applicants as well.

Example: Providing and paying for a applicant to have an interpreter for a client interview.

ADA Scenario
Mary has been on assignment for 6 months. Mary shares that she has Carpal Tunnel Syndrome and is requesting an new adjustable work station.
Request ADA certification to be completed.
What exactly does Mary need adjusted at her work station? Is it her desktop, keyboard, and/or chair?
New adjustable work stations can be very expensive so that might not be reasonable. However, we need to work collaboratively with Mary to determine potential alternative solutions that will provide the same outcome.
Kevin works in a call center. You are coaching Kevin on the time it takes him to read and write his follow-up reports for each call. Kevin shared that he has dyslexia, a reading disorder, and that is why it takes him longer to complete this task. Kevin requests additional time to complete these reports due to his medical condition.
ADA Scenario
Request ADA certification paperwork to be completed.
Analysis needs to be completed.
What is the average time it takes other employees to complete this task?
On average, how long has it been taking Kevin?
What are the potential hardships for the client if we accommodate Kevin's request?
Are there any other potential solutions available other than additional time?
All medical related information needs to be housed in a separate file from the employee's personnel file.

HR will create and retain a separate medical file for FMLA and ADA situations.

Limited information about medical condition and disabilities should be noted in PeopleSoft/Bullhorn as history notes are considered part of the personnel file.

Proper Documentation:
Proper - "Mary is on a FMLA approved leave from 1/5/15 to 2/7/15."
Not proper - "Mary is not going to be on assignment from 1/5/15 to 2/7/15 because she has breast cancer and will be having the surgery."
Proper - "Jerry has requested a workplace accommodation of 2 additional bathroom breaks in addition to his standard 2 15 minute breaks. Connected with HR and our client and will accommodate this request moving forward."
Not Proper - "Jerry has irritable bowel syndrome and has issues. He wants to be able to go to the bathroom more often at work so he doesn't have an accident. The client is okay with the request."
Important. . . State Leave Laws
We have discussed federal laws but many states have state-specific leave laws with less eligibility requirements.

You must always contact the HR team when you are made aware of a leave of absence so we can ensure we are in compliance not only with federal laws but state laws as well.

This is also a requirement for ACA tracking. When notified of a leave, HR will performance all ACA tracking.
Massachusetts Parental Leave
- 8 weeks of unpaid leave for a male or female employee for the birth or adoption of a child. The leave applies to employees who have completed an initial probationary period but which is not greater than 3 months.
Full transcript