ADA / FMLA

Ensure compliance with federal and state requirements and effective medical leave management in your workplace.

The Americans with Disabilities Act of 1990 (ADA) and the Fair Employment Housing Act (FEHA) are wide-ranging state and federal legislation intended to make our society more accessible to people with disabilities. Businesses with 15 (ADA) / 5 (FEHA) or more employees are highly impacted as they are required to provide “reasonable accommodation” to protect the rights of individuals with disabilities in all aspects of employment. The regulations are complicated and the legal exposure for non-compliance is potentially costly.

The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) require employers with 50 or more employees to grant medical leave to employees in certain circumstances, including pregnancy, adoption, care of a child, spouse or parent, or the presence of a serious health condition that renders an employee unable to perform one or more of the essential functions of his or her job.

The ADA / FMLA overlap is confusing, and further complicated by state regulation that may include Pregnancy Disability Leave and Workers’ Compensation legislation, Paid Family Leave, as well as the recent amendments to both the ADA and FMLA.

Every business faces the issue of controlling  medical absences and properly managing. With the appearance and continual clarification of regulations (such as ADA / FEHA, FMLA / CFRA, PDL, and Worker’s Compensation), it is difficult to determine and implement policies that keep your company in compliance.

HRM Consulting assists management in proactively minimizing and mitigating the exposure inherent in medical absence issues.

  • Learn the specifics of policies appropriate for your company
  • Develop effective procedures for handling requests and leaves
  • Assure your “internal credibility” by documenting your policies and actions without creating additional problems
  • Establish an ongoing awareness of the documentation process and compliance parameters
  • Create Essential Function Job Descriptions
  • Correctly handle modified and alternative work assessments
  • Comply with the latest revisions in Return to Work programs

 

We can review and update your existing policies or create a new set of integrated leave policies for you.