An Employer's Guide to FMLA and ADA


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This guide walks you through the many complicated procedures associated with keeping your business in compliance with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and will help you answer questions such as:

• Who is eligible for medical leave?
• What constitutes a disability?
• Which documentation can I request from an employee seeking medical leave?
• What if I can not afford to accommodate a disability? 
• Which forms need to be completed for military family leave?

This publication also includes important information on other leave and disability issues such as:

• Do same-sex domestic partners qualify for family medical leave?
• Do I need to keep medical records separate from other employee files?
• Am I properly displaying all FMLA posters?
• What pre-employment questions are considered discriminatory?

An Employer's Guide to FMLA and ADA was created in collaboration with Ford & Harrison LLP, and authored by Nancy Van der Veer Holt.


Testimonials

The Employee's Benefits Guide is particularly helpful because the institution strives to provide the best quality benefits to attract and retain valuable employees; and one way to do this is to have a thorough knowledge and understand of how to make these benefits work for the employees.

Libby King, Director of Human Resources, Lincoln Memorial University, Harrogate, Tennessee


Our company does not have an official Human Resources Department. I have what is known as *hands on* H.R. training. Your human resource publications have guided me through many issues such as I-9, FMLA and policy book. The money I spend for the publications each year have more than paid for themselves.

Keith W. Brown, VP Marketing and Human Resources, S&S Food Stores, Lake City, Florida


I have been in Human Resources for over 30 years.  "Performance Management Strategies: Finding Common G.R.O.U.N.D." was one of the best presented, arranged, and informative webinars I have ever participated in.  I wish my whole crew of supervisors and managers could have participated in it.  However, with the information I received and the way it was laid out, I hope that I will be able to mock the presentation for them. You and Jamie did an excellent job in presenting this in a clear, distinctive way that was interesting and was never boring. 

Dena Smith, Heartland EMS, Inc.


hrsimple.com is a must-have not only for HR professionals in the state, but for labor and employee relations professionals, employment lawyers and small business owners. It is comprehensive in scope, addressing the many legal and compliance issues that face employers from recruiting to retirement. Yet, despite the wide range of issues covered, and the complexity of those issues, information is easy to find and comprehend, avoiding much of the legal-speak that can often be difficult to interpret.

John A. Challenger, Chief Executive Officer, Challenger, Gray & Christmas, Inc., Chicago, Illinois


About the law firm

Ford & Harrison LLP

FordHarrison is a labor & employment firm with nearly 200 attorneys in 28 offices, including three affiliate firms.

The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation. Through its global practice group and membership in the global employment law firm alliance, Ius Laboris, FordHarrison provides clients that have multinational operations with a broad...read more

Topics covered

An Employer’s Guide to FMLA and ADA

About FordHarrison LLP

About the author

Introduction

Snapshot - An HR audit

Chapter 01: Introduction to the Family and Medical Leave Act

Chapter 02: Key definitions

Chapter 03: Employer coverage and employee eligibility

Chapter 04: Reasons for leave

Chapter 05: Serious health conditions

Chapter 06: Military leave

Chapter 07: Length of leave

Chapter 08: Notice and documentation - Employee obligations and employer challenges

Chapter 09: Certifications necessary for leave

Chapter 10: Employer notice and documentation requirements

Chapter 11: Employee rights

Chapter 12: Enforcement of the Family and Medical Leave Act

Chapter 13: Amendments and proposals

Chapter 14: Introduction to the Americans with Disabilities Act

Chapter 15: The Americans with Disabilities Act Amendments Act

Chapter 16: Employers covered

Chapter 17: "Disability" in detail

Chapter 18: Reasonable accommodations

Chapter 19: The Pregnancy Discrimination Act

Chapter 20: How the Americans with Disabilities Act impacts your business

Chapter 21: Enforcement of the Americans with Disabilities Act

Appendix A: Leave and other state laws

Forms and Policies

WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition

WH-380-F Certification of Health Care Provider for Family Member's Serious Health Condition

WH-384 Certification of Qualifying Exigency

WH-385 Certification for Serious Injury or Illness of a Current Servicemember

The Family and Medical Leave Act Poster (English)

The Family and Medical Leave Act Poster (Spanish)

WH-381 Notice of Eligibility & Rights and Responsibilities

WH-382 Designation Notice