5/18/11

How to Manage Employees Under FMLA & ADA

An employer will manage employees requiring the use of medical leave, such as having a baby or experiencing a serious medical condition requiring hospital stay. You may also have employees with certain physical and mental impairments that affect their daily lives, such as blindness or the ability to walk. You need to have knowledge of employee rights covered under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) to follow the proper management procedures (see Resources 1 and 2).
    • 1

      Keep current with laws regarding FMLA and ADA employees. You should outline the job description and duties that may involve special requirements, such as the need to sit for long periods of time or if the work involves heavy lifting. Outline company policies regarding medical leave during conversations and in writing.

    • 2

      Discuss with the employee on medical leave the time frame and procedures on requesting leave extensions. You should talk with him or her about how long the position will be held and what could happen to the job concerning any rule violations. If the employee should return with any existing health conditions, discuss whether she can fulfill work duties, if accommodations will be made to the current duties, and whether the employee will be transferred to a different position he or she can handle (see Reference 1, section 14, paragraph 1 through 4).

    • 3

      Find out from the employee under ADA whether there will be certain difficulties regarding fulfilling duties. Be aware that, under ADA regulations, the employee does not need to reveal the specifics of her disability. You will need to provide accommodations concerning the work environment, such as making places wheelchair accessible or if the employee will need additional breaks during the workday (see Reference 1, section 13, paragraph 1 through 4).

    • 4

      Maintain the lines of communication. If any problems arise with job performance, discuss whether the employee can still fulfill current duties. You can take corrective action if warnings go unheeded, but make sure you have reviewed company policies verbally and in written format to avoid employee disagreements about not being informed. Contact outside human resource professionals knowledgeable in managing FMLA and ADA employees (see Reference 2, paragraph 14 and 16).

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