Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner Chai Feldblum.
Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s ability to perform essential functions of the individual’s job, with or without accommodation.
But, what about having a 100%-cured policy for an employee taking leave under the Family and Medical Leave Act?
The treasure being compliance. So, not exactly riches; somewhat less exciting than Indiana Jones discovering the lost ark. Except, this treasure won’t melt your face off. And you’ll be adorned in HR-compliance.
You can’t really place a value on that now, can you?
Are you a wait-in-line-after-a-SHRM-event-so-you-can-ask-the-speaker-your-random-FMLA-question-“for a friend”-fanboy/fangirl?
Then, step right up and head on over to Thompson’s HR Compliance Expert for the latest edition of “Opposing Counsel,” where employee-rights attorney, Donna Ballman, and I spike your HR-compliance dork punch with a splash of FMLA. Actually, it’s a double shot of
Louis the XIII situations in which HR has to make a tough call about whether an employee is FMLA-eligible.
A few years ago, I blogged here about the importance of communicating with employees on FMLA to stay abreast of their status and eventual return-to-work.
But, even before employees go on FMLA, both clear communication and workplace policies becomes paramount. Consider this recent example involving a pregnant salesperson.
Don’t worry. Eric’s here. And I’ve got Scooby Snacks.
Actually, I’ve got FMLA knowledge, which is better than Scooby Snacks. And, besides, I ate all of the Scooby Snacks. Sorry, I was hungry.
Among other things, the Family and Medical Leave Act affords an eligible employee up to 12 weeks of leave from work in 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his or her job. We know that, to take covered leave, an employee doesn’t have to specifically reference the Family and Medical Leave Act or say “F-M-L-A” .
How, then, can an employee put the company on notice of the need for covered leave?
The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of leave in a 12-month period for, among other reasons, to care for a parent with a serious health condition.
Most FMLA serious health conditions are plainly obvious: Cancer, HIV, dementia. But, then again…