Both the Americans with Disability Act as Amended (“ADAAA”) and the Family Medical Leave Act provide many benefits for employees. For example, the ADAAA requires employers, at their cost, to help disabled employees perform their jobs. The FMLA requires employers to provide certain employees with unpaid, job protecting leave.
The ADAAA and the FMLA should be a constant reminder to you, the employer, of the government’s involvement in the employer and employee relationship.
Americans with Disability Act as Amended
The ADAAA makes it illegal for employers to discriminate or retaliate against a person for complaining about discrimination or for participating in an investigation of discrimination. In addition, the law requires employers to reasonably accommodate the known physical or mental limitations of an individual with a disability who can do the job with or without accommodations.
Many questions arise concerning these statutes, but the most popular are “Can I fire an underperforming employee who happens to be disabled?” Do I have to hire someone who is capable of performing the job but happens to be disabled? What accommodations do I have to provide a disabled person? No matter what you’re dealing with, we can help.
Family Medical Leave Act
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
MelderLaw can help avoid pitfalls
Many employers, small and large, run their business unaware of the constantly changing landscape of these statutes and regulations. MelderLaw can help you avoid and navigate these areas of the law.
- Establish a foundation to avoid any potential litigation
- Provide counsel on your businesses’ obligations under ADAAA and the FLMA
- Advise your business regarding employee discipline and terminations close in time to FMLA leave and exertion of ADAAA rights
- Counseling on the accommodation process
- Providing updates of changes in the laws
- Assisting your business to navigate an EEOC charge or DOL investigation