BUSINESS
The Bermuda Triangle
Navigating the ADA, FMLA, and Workers’ Comp by Christine Green and Elijah Davis, Stanton Law requires employers to provide reasonable workplace accommodations, which can include unpaid leave. >
Eligibility: The ADA broadly defines “disability” as a physical or mental impairment that substantially limits one or more major life activities. Absent glaring evidence that an employee is lying about their condition, the employee is probably disabled.
>
Application: Applies to employers with 15 or more employees.
>
What are your obligations? An employer is required to provide a “reasonable accommodation” to a qualified individual that will allow the employee to perform the essential functions of their position, absent an undue hardship (i.e., too much difficulty or expense) on the employer. Unpaid leave may be a reasonable accommodation, as well as onsite accommodations such as ergonomic equipment, anti-glare screen filters, materials in accessible formats, etc. If no reasonable accommodation exists that would enable the employee to perform the essential functions of the position, then the employee is not a qualified individual, and the employer is not required to provide an accommodation.
>
Job protection while on leave? An employer is obligated to reinstate the employee returning from ADA leave to the original position, barring an undue hardship. This is stricter than the FMLA (addressed below). If an employer cannot hold the position without undue hardship, the employer must assess if there is an open position for which the employee is qualified and reinstate the employee at the same level of pay and benefits as the original position.
>
Common examples: Depression/anxiety, ADHD, diabetes, migraine headaches, sciatica, cancer
Photo by Ryoji Iwata on Unsplash
Among the many challenges facing employers, understanding employee leave laws is one of the bigger pains in the neck, especially without a dedicated HR professional or in-house counsel. When an employee has a workplace injury and needs time off for surgery and then possible workplace accommodations, calling your employment lawyer is usually your best move. However, having a general understanding of the applicable leave laws will help you spot issues and know how quickly you should pick up the phone. This article addresses the three most prominent leave laws applicable to employee health conditions that we call The Bermuda Triangle.
Family Medical Leave Act (FMLA). The FMLA is a 4The federal leave law that provides an absolute right to unpaid
General 0verview
Americans with Disabilities Act (ADA). The 4The ADA is a federal law that prohibits discrimination against qualified individuals with a disability and
36 | UAC MAGAZINE
leave for employees with serious health conditions or those caring for certain family members with serious health conditions. The FMLA defines serious health condition as an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider.
