HUMAN RESOURCE SYMPOSIUM GULF COAST HUMAN RESOURCE ASSOCIATION SEPTEMBER 20, 2013 THE WORKPLACE...
HUMAN RESOURCE SYMPOSIUM GULF COAST HUMAN RESOURCE ASSOCIATION SEPTEMBER 20, 2013 THE WORKPLACE QUAGMIRE: UPDATES ON THE RELATIONSHIP BETWEEN THE ADA, FMLA, AND WORKER’S COMPENSATION PRESENTED BY: KARL R. STEINBERGER HEIDELBERG, STEINBERGER, COLMER, & BURROW, P.A. 711 DELMAS AVENUE POST OFFICE BOX 1407 PASCAGOULA, MS 39568-1407 TELEPHONE: 228-762-8021 FACSIMILE: 228-762-7589 WWW.HSCBPA.COM
HUMAN RESOURCE SYMPOSIUM GULF COAST HUMAN RESOURCE ASSOCIATION SEPTEMBER 20, 2013 THE WORKPLACE QUAGMIRE: UPDATES ON THE RELATIONSHIP BETWEEN THE ADA,
Applies to private employers with 50+ employees within a 75 mile radius, public agencies, and private or public elementary and secondary schools
Eligible employees must have worked for the employer for at least 12 months and 1250 hours within those 12 months
Provides up to 12 weeks of unpaid leave for certain events, including, but not limited to, an employee’s own serious health condition. The scope of this presentation is limited to
the employee’s own serious health condition
DOL issued final rule effective March 8, 2013
Many changes affect other leaves under the FMLA
There are a few changes which impact leave for an employee’s own serious health condition
Employers may not require employees to take more leave than necessary
Employers must track leave in the smallest increment of time that is used for other types of leave and may not exceed one hour
Airline employees have special hours of service requirements due to their unique schedules
Recordkeeping requirements must comply with GINA confidentiality provisions
Employers with 5 or more employees are required to be insured
For claims arising prior to July 1, 2012, disputed issues are resolved in favor of the claimant
After July 1, 2012, the parties are on equal footing and the Act is not liberally construed in favor of either party
Regardless, a claimant must prove the claim by a fair preponderance of the evidence
Interplay Between the ADA, FMLA, and Workers’ Compensation
The importance of understanding the interaction of these three statutory schemes cannot be stressed enough. Even though each law serves a different purpose, many employee absences that are illness or injury related are covered by one or more of these statutes. Employers can face significant violations for non-compliance.
Areas of Interplay
Employer Coverage Employee Eligibility Length of Leave Medical Documentation Restricted or Light Duty Fitness to Return to Work Certification Benefits Reinstatement Settlements and Releases
Employer Coverage/Employee Eligibility ADA
Enforced by the EEOC Applies to employers with 15 or more employees Coverage begins on the first day of employment Protects qualified individuals with a disability
Qualified individuals are those who can perform the essential functions of the job with or without an accommodation.
“Disability” is a physical or mental impairment that substantially limits a major life activity. Individuals are protected if they have a disability, have a record of a disability, or are regarded as having a disability.
Employer Coverage/Employee Eligibility FMLA
Enforced by the Department of Labor Applies to employers with 50 or more
employees within a 75 mile radius An employee must have worked for 12
months (need not be consecutive) and 1250 hours (immediately preceding)
Leave is available for several reasons, including an employee’s own serious health condition