ADA, FMLA, & Workers’ Compensation Laws When an employee with a compensable injury also meets the criteria for protections under the ADA or FMLA, it is important to understand these laws and how they relate in a return to work context. Employers should seek expert legal advice when making decisions involving the coordination of RTW programs, the ADA, and FMLA. Americans with Disabilities Act (ADA) was enacted to protect people from discrimination on the basis of disability. ADA requirements in a rehiring situation: ADA requires employers to rehire employees with a disability (a physical or mental impairment that substantially limits a major life activity such as walking, breathing, performing manual tasks, working, etc.), who can, with or without reasonable accommodation, perform the essential function of the job. Employers must provide accommodations unless doing so would create an undue hardship on the business. Examples of accommodations include: Making the work environment accessible to and usable by the individual with the disability. Restructuring the job functions to match the abilities of the worker (but not creating a new job). Modifying work schedules. Reassigning injured employees to vacant positions. Acquiring or modifying equipment or devices used. Employers must try to accommodate the impairments or limitations of injured employees with a disability and cannot have a policy of only taking employees back when they are 100%. The vast majority of workers’ compensation injuries do not result in a “disability” under ADA. Family Medical Leave Act (FMLA) was enacted to provide job security to employees with serious medical conditions or those who have personal and family obligations of tending to vital needs at home. Requires employers to provide up to 12 weeks of unpaid, job protected leave to eligible employees for certain family and medical reasons including a serious condition of the employee. Cannot force employee to return to work in a modified position if they request FMLA. An employer is required to place a returning employee (from FMLA) in the job previously held or in an “equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.” Reasonable accommodation may be necessary if an employee is returning from FMLA with a disability covered under ADA. Building Blocks to Establishing a RTW Program
ADA, FMLA, & Workers’ Compensation Laws When an employee with a compensable injury also meets the criteria for protections under the ADA or FMLA, it is important to understand these laws and how they relate in a return to work context. Employers should seek expert legal advice when making decisions involving the coordination of RTW programs, the ADA, and FMLA. Americans with Disabilities Act (ADA) was enacted to protect people from discrimination on the basis of disability. ADA requirements in a rehiring situation: ADA requires employers to rehire employees with a disability (a physical or mental impairment that substantially limits a major life activity such as walking, breathing, performing manual tasks, working, etc.), who can, with or without reasonable accommodation, perform the essential function of the job. Employers must provide accommodations unless doing so would create an undue hardship on the business. Examples of accommodations include: Making the work environment accessible to and usable by the individual with the disability. Restructuring the job functions to match the abilities of the worker (but not creating a new job). Modifying work schedules. Reassigning injured employees to vacant positions. Acquiring or modifying equipment or devices used. Employers must try to accommodate the impairments or limitations of injured employees with a disability and cannot have a policy of only taking employees back when they are 100%. The vast majority of workers’ compensation injuries do not result in a “disability” under ADA. Family Medical Leave Act (FMLA) was enacted to provide job security to employees with serious medical conditions or those who have personal and family obligations of tending to vital needs at home. Requires employers to provide up to 12 weeks of unpaid, job protected leave to eligible employees for certain family and medical reasons including a serious condition of the employee. Cannot force employee to return to work in a modified position if they request FMLA. An employer is required to place a returning employee (from FMLA) in the job previously held or in an “equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.” Reasonable accommodation may be necessary if an employee is returning from FMLA with a disability covered under ADA. Building Blocks to Establishing a RTW Program
Establishing-a-Return-to-Work-Program.docx