Top 10 FMLA & ADA Mistakes Employers Make: Avoiding Leave and Accommodation Pitfalls
Few employment laws create more challenges for HR professionals and managers than the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Both laws are complex and highly regulated, and the overlap between them can make employee leave and accommodation issues particularly difficult to manage.
Employers must understand when an employee is eligible for FMLA leave, what constitutes a serious health condition, how to properly administer intermittent and reduced-schedule leave, and what employees are entitled to under the FMLA. At the same time, employers must recognize when an employee may have a disability under the ADA, understand when a request for leave may be a request for a reasonable accommodation, and properly engage in the interactive process.
The most difficult situations often arise when the FMLA and ADA apply to the same employee. An employee may exhaust FMLA leave and still be entitled to additional leave as a reasonable accommodation under the ADA. HR professionals and managers need to understand how these laws work together and how to avoid making costly mistakes.
Join HR Learning Center for this practical 60-minute webinar and learn the Top 10 FMLA and ADA mistakes employers make and how to avoid them. We will address the most common leave and accommodation pitfalls, explain key legal requirements, and provide practical strategies for managing employee leave while reducing legal risk.
The Top 10 FMLA & ADA Mistakes You Will Learn to Avoid:
1. Misunderstanding FMLA Eligibility
Learn how to determine whether an employee and employer are covered by the FMLA and when an employee becomes eligible for leave.
2. Misunderstanding What Constitutes a Serious Health Condition
Understand the FMLA definition of a serious health condition and common situations that can create confusion for HR and managers.
3. Mishandling Intermittent or Reduced-Schedule Leave
Learn the rules governing intermittent and reduced-schedule FMLA leave and how to properly administer these difficult leave arrangements.
4. Failing to Understand Employee FMLA Rights
Understand what employees are entitled to under the FMLA and what employers can and cannot require during the leave process.
5. Failing to Properly Administer FMLA Leave
Learn about common administrative mistakes involving notices, certifications, medical information, leave tracking, and return-to-work issues.
6. Failing to Recognize a Disability Under the ADA
Understand the ADA definition of disability and why employers should carefully evaluate situations in which an employee may be protected—even when the employee does not use the word “disability.”
7. Failing to Recognize a Request for Reasonable Accommodation
Employees do not have to use the words “reasonable accommodation” to trigger an employer's obligations. Learn how to recognize accommodation requests and potential accommodation issues.
8. Failing to Properly Engage in the Interactive Process
Understand what the interactive process requires, when it should begin, and common mistakes managers make when responding to accommodation requests.
9. Assuming FMLA Exhaustion Means Employment Can Automatically Be Terminated
Learn why an employee's exhaustion of FMLA leave does not necessarily end the employer's obligations under the ADA and when additional leave may need to be considered as a reasonable accommodation.
10. Failing to Understand How the FMLA and ADA Interact
Learn how these two laws can overlap and how to coordinate FMLA leave, ADA accommodations, return-to-work issues, and other applicable leave obligations.
Additional Practical Issues Covered:
- What is a “serious health condition” under the FMLA?
- What qualifies as intermittent or reduced-schedule leave?
- How do you properly determine FMLA eligibility?
- What are the employee's rights and the employer's obligations under the FMLA?
- What is a “disability” under the ADA?
- What constitutes a reasonable accommodation?
- What does the interactive process require?
- How can HR recognize an accommodation request when the employee does not specifically ask for one?
- When can additional leave be a reasonable accommodation?
- What is an undue hardship under the ADA?
- What should managers never say or do when handling leave and accommodation issues?
- How should employers coordinate FMLA and ADA obligations?
- What recent legal and regulatory developments should employers know about?
- What policies and procedures should employers review to ensure compliance?
- Practical strategies for reducing FMLA and ADA liability
HR Learning Center's 60-Minute Online Employment Law Webinar Includes:
- Live online training conducted by an experienced employment attorney
- PowerPoint presentation covering FMLA and ADA requirements and compliance strategies
- Practical handouts and resources
- Certificate of Attendance
- Live Question & Answer Session
Don't Let FMLA and ADA Mistakes Become Costly Legal Problems
FMLA and ADA issues rarely occur in isolation. The most difficult and potentially costly situations often arise when an employee's medical condition, FMLA leave, disability, and request for accommodation overlap.
Join HR Learning Center for this practical webinar and learn how to recognize the Top 10 FMLA and ADA mistakes, understand your legal obligations, and manage employee leave and accommodation issues with greater confidence while reducing the risk of costly claims.