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

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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.