Frequently Asked Questions on ADA Compliance
The Americans with Disabilities Act (ADA) celebrated its 20th anniversary on July 26, 2010! Read on for a Q&A on a couple of the most frequent questions the HR Works helpline gets on complying with the ADA.
Q: Are there any reputable on-line resources to help me navigate all the nuances of the ADA and making reasonable accommodations?
A: Absolutely! One great resource is www.AskJAN.org.
AskJAN.org is an online resource center designed to provide employers, people with disabilities, their family members, service providers, educators, and others with technical assistance on job accommodations and the Americans with Disabilities Act. The site includes; an ADA library, a database to search for accommodations, an A-Z of disabilities and related accommodations, a sample medical inquiry form as well as Federal, State and Local resources.
Q: If an employee has exhausted their 12 weeks of FMLA, is it “safe” for me to terminate them?
A: Employees who have exhausted the FMLA leave entitlement for the year no longer have FMLA protections for leave or job restoration purposes. However, employers must determine if termination will violate an employee’s rights under ADA and the NYS Division of Human Rights.
The ADA requires that employers make reasonable accommodations and forbids discrimination against individuals with disabilities which limit one or more major life activities. A reasonable accommodation could potentially be to extend an employee additional time off beyond the 12 weeks of FMLA leave.
A question you may want to ask is “Are we able to make a reasonable accommodation of additional time off or will that cause an undue hardship on the company?” If the company believes it will be an undue hardship, what is the reason? If you have been able to accommodate the employee being out for 12 weeks already, what has changed that you are now unable to accommodate the employee remaining on leave for an additional four weeks, for example?
You may also want to check to see if the employee has an expected return to work date that is close to when his or her FMLA time expires. If so, the question of being able to accommodate the additional time off becomes even more complicated. This is a tricky area for companies to deal with, so when in doubt, we highly recommend you contact your employment attorney for advice.
