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A Simple Explanation of Two Complex Laws A simple explanation of two complex laws. Family Medical Leave Act Americans with Disabilities Act New York Life Group Benefit Solutions products and services are provided by Life Insurance Company of North America and New York Life Group Insurance Company of NY, subsidiaries of New York Life Insurance Company. 855135 b 0221 SMRU 1894651 Exp. Date 04.05.2023 Introduction You Your business Your employees FMLA ADA Americans with Family Medical Disabilities Act Leave Act Products available through one or more carriers not affiliated with New York Life Insurance Company, dependent on carrier authorization and product availability in your state or locality. Overview FMLA Family Medical • Federal law in 1993 Leave Act • 50 or more employees FMLA Overview What is the FMLA? • Unpaid time off • Balance work and family • Protect employee’s job reinstate position • Maintain group health insurance same terms FMLA Eligibility Who is eligible? 3 criteria 1 Minimum of 12 months service 2 1,250 hours in previous 12 months 3 50 employees in a 75-mile radius FMLA Qualifications Qualifying reasons. 1 2 3 FMLA Unpaid leave How much time? • 12 workweeks of unpaid leave • 26 workweeks for military family member • Based on work schedule 40 x 12 = 480 Example HOURS WEEKS HOURS USE OVER 12-MONTH PERIOD FMLA Intermittent Continuous Intermittent Reduced FMLA Intermittent Regulation Employer’s policy Regulation Not required: • Intermittent • Reduced FMLA Intermittent and reduced ? Employee Certified by How often request health care and how long provider FMLA Intermittent and reduced Greg Janet Frequency 1 Frequency 3x WEEK MONTH 4 Duration 8 Duration HOURS HOURS FMLA Intermittent Reporting policy Employee Approval FMLA State and Federal laws State laws Federal laws FMLA State and Federal laws State Start End Federal Start End FMLA State and Federal laws up to over worked Connecticut 16 24 1,000 weeks months hours up to over worked Federal 12 12 1,250 weeks months hours FMLA How administered Communicate Track Gather Determine Employers Certify Inform Notify Tell FMLA How administered Prominently display posters Provide information on FMLA rights Employers Inform Explain rights in employee handbook FMLA How administered Foreseeable: 30-day notice Childbirth Adoption/foster Medical treatment Employers Not foreseeable Sudden change Notify Unknown start Notify employer FMLA How administered Determine eligibility Notification by mail within five days Must explain why not eligible Employers Certify FMLA How administered Determine Employers Review medical certification Determine if a job-protected leave Intermittent: Frequency/duration Tell employee of missing info Continuous: Number of hours Employee has seven days to complete Denied: Explanation why Give determination notice in five days FMLA How to manage Intermittent leave Employee Employer • Provide medical certification • Must tell employee with frequency and duration if incomplete FMLA How to manage Intermittent leave Employee Employer • Submit request for leave • Review against certified frequency, duration, time used • Update new certification form • Send notice if request exceeds certification • Approve or deny time ADA Overview Prohibits disability discrimination ADA Federal law in 1992 Americans with Amended in 2008 Disabilities Act – Broadened definition of “disability” – Physical or mental impairment that limits major life activity ADA Overview A change in Employer is work environment not obligated to help individual to create a perform their job new job What is a reasonable Employer is obligated to accommodation? provide change Employer is not Employer Employer is not Employee or required to responsible for obligated to representative make a change making changes make changes is responsible if it causes only if they are for unqualified for requesting undue hardship made aware of it individuals accommodation ADA Overview Reasonable accommodation May take many forms What the law states • Changes to existing facility • Has to be reasonable • New or modified equipment • Does not have to be the • Qualified readers or interpreters same as what was requested • Reassigning employee to • Does not have to be the another position best option • Leave of absence • Does not have to be the most expensive option • Employer may request documentation ADA Undue hardship Costly • Show how it is a hardship • Document how it will Alter the Undue Extensive adversely affect business business hardship • Find different accommodation • Choose from options Disruptive ADA Undue hardship Reasonable accommodation Costly • Workstation enhancements • Stand-lean stool • Anti-fatigue mat Alter the Undue Extensive business hardship • Allowed to take breaks • Improved performance • Stay at work Disruptive • Avoid potential disability ADA Definition What is an ADA disability? 1 2 3 ADA Definition What is an ADA disability? An actual disability • Physical or mental impairment limiting major life activity • Limited use of major bodily function 1 • Examples: cancer, hearing impairment ADA Definition What is an ADA disability? A record of disability • A history of physical or mental impairment limiting life activity 2 • Example: cancer in remission ADA Definition What is an ADA disability? Regarded as having disability • Establish discrimination • Example: skin graft scars 3 • Accommodations not required ADA Example Impact of ADA on benefits and laws Benefits Definition under of disability disability Evaluate cases individually ADA Leave Reasonable Leave of absence accommodation • Exhausted time under FMLA or state law • Doesn’t qualify for FMLA • “Open-ended” is not reasonable • Automatic termination Violations • Return to work with no restrictions • Protected under ADA Example • Requires only light duties ADA Interactive process Employers Employees Accommodation ADA Interactive process Select Gather Monitor Employers Implement Recognize Explore Document Managed confidentially and separately ADA Interactive process Employee makes a request Notify need of accommodation Consider request under ADA Employers Recognize accommodation request Respond immediately ADA Interactive process Gather Documentation to qualify disability information Job related and business necessity Know tasks being impacted Employers Evidence for the accommodation Or not required to provide it ADA Interactive process Meet with the employee Explore accommodation options Vocational coaches Employers Explore accommodation options ADA Interactive process Decide on what to implement Consider what employee prefers Your choice based on documentation EMPLOYERS No options that pose undue hardship Select accommodation ADA Interactive process Install and train on new equipment Notify managers of change Outside service provided quickly Employers Time for employee to acclimate Implement accommodation Retaliation prohibited ADA Interactive process Monitor accommodation Periodically check on effectiveness Employers Communicate with your employee Ineffectiveness • Change in limitations • Equipment changes • Job changes • Workplace changes • Undue hardship Conclusion Complex nuances Follow policies Understand your roles FMLA ADA Family Medical Americans with Leave Act Disabilities Act dol.gov eeoc.gov Group insurance products are insured by Life Insurance Company of North America and New York Life Group Insurance Company of NY, affiliates of New York Life Insurance Company. © 2021 New York Life Insurance Company, New York, NY. All Rights Reserved Conclusion Expertise for compliance In-house clinical solutions Flexible solutions Contact your manager or HR representative Meet legal obligations Unique partnership The information contained herein does not constitute legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have. New York Life Group Benefit Solutions assumes no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any information supplied in this publication. The information contained herein does not constitute legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have. New York Life Group Benefit Solutions assumes no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any information supplied in this publication. through one or more carriers not affiliated with New York Life Insurance Company, dependent on carrier authorization and product availability in your state or locality. © 2021 New York Life Insurance Company, New York, NY. All Rights Reserved Group insurance products are insured by Life Insurance Company of North America and New York Life Group Insurance Company of NY, affiliates of New York Life Insurance Company. © 2021 New York Life Insurance Company, New York, NY. All Rights Reserved.
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