Kilpatrick partner Jeralyn Baran recently presented to the Association of Legal Administrators (ALA) Certified Legal Manager (CLM) Study Group on the topic of “Navigating Leave Laws: Workers Compensation, FMLA and ADA - Understanding Compliance in a Law Firm Environment.”
Key takeaways from her presentation include:
1. Determine Eligibility and Coverage under FMLA and ADA
- FMLA: Confirm whether the employee meets the eligibility requirements:
- At least 12 months of service,
- At least 1,250 hours worked in the past year, and
- Works at a location with 50 or more employees within a 75-mile radius.
- ADA: Determine whether the employee has a qualifying disability that substantially limits one or more major life activities.
- Key Distinction:
- FMLA leave is guaranteed if the criteria are met.
- ADA leave is based on what is reasonable and may vary case by case.
2. Coordinate and Distinguish Between Leave Types
- FMLA offers up to 12 weeks of job-protected leave in a 12-monthperiod.
- Under the ADA, additional leave beyond FMLA may be required as a reasonable accommodation, unless it causes undue hardship.
- Important: Never automatically terminate employment when FMLA leave ends—evaluate whether ADA obligations still apply.
3. Maintain Consistent Documentation and Communication
- Engage in the interactive process under the ADA when an employee requests leave or an extension; this is not a one and done situation.
- Gather information, explore accommodation options, choose an accommodation, implement the accommodation and monitor the accommodation.
- Maintain clear, consistent documentation for:
- Medical certifications,
- Leave and accommodation requests,
- Interactive processes, and
- All related communications.
- Train HR and supervisors to avoid interfering with or retaliating against employees for exercising rights under either law.
