One of the major issues that employers confront involving employee medical leave is the "fit" between the Family & Medical Leave Act and the Americans with Disabilities Act. The potentially confusing interaction between the laws can leave both attorneys and HR professionals scratching their heads.
The FMLA provides a limited period of job-protected leave away from work under specific circumstances, while the ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to qualified individuals. One type of reasonable accommodation is leave. Simply stated, an employee's request for leave should be covered under both laws if the employee is an eligible employee with a serious health condition under the FMLA that is also covered as a disability under the ADA.
The CCH FMLA-ADA Leave Advisor will walk you through the maze of federal leave law through the use of interactive questions and will generate a detailed analysis report for your records. It is designed to help professionals navigate the process, make effective decisions, and know when to contact legal counsel.
This electronic tool can be used by HR personnel who must administer requests for leave under the FMLA or for accommodation under the ADA, or by attorneys who advise employers of their obligations under leave laws. It is an ideal way to make more informed leave decisions and to communicate more effectively with legal counsel.