The year that the Society for Human Resource
On Jan. 16, the first-ever regulatory changes to the FMLA take effect. While some changes favor employers, others make compliance a bit trickier.
Some of the most important revisions:
- Direct contact with doctor allowed. Employers can now directly contact an employee’s doctor to seek clarification about health details on an employee’s form. (Tip: Direct supervisors can’t make the call. It’s best left to HR.)
- Review new definition of “serious condition.” The law tinkers with what counts as a “serious” health condition that triggers a qualifying .
- Extend FMLA to military families. Employees can take up to 26 weeks of FMLA leave each year to care for family members who suffered a serious injury or illness on active duty. Plus, families of National Guard and Reserve personnel on active duty can take up to 12 weeks of FMLA leave per year for certain qualifying events.
- More time to deliver notices: Employers now have five business days—instead of two—to send out FMLA eligibility and designation notices to employees.
- Employees must give notice sooner. Previously, employees could give notice of their need for FMLA leave up to two business days after being out on FMLA leave. Now, they must follow your normal call-in procedure, unless unusual circumstances exist.
The ADA Amendments Act of 2008 (ADAAA)
This collection of ADA revisions, which took effect Jan. 1, dramatically expands the number of Americans who would be deemed “disabled” under the law, and thus entitled to job protections and “reasonable accommodations” for their disabilities. Two key changes:
- Requires a broad reading of “disability.” Employers and courts are directed to be generous when determining whether someone is disabled. So, courts are now more likely to side with employees who sue for ADA violations.
- Takes “mitigating measures” out of the ADA picture. Thus, devices used to decrease the severity of impairments (e.g., medication, hearing aids, etc.) can’t be considered when determining whether the person is a qualified “disabled” person. Glasses or contact lenses don’t count.
- When terminating, you don't have to be right as long as you're reasonable
- Firing employee on workers' comp may be legal
- You can block staff from bringing co-workers to disciplinary meetings
- Keep medical data private, even if new HIPAA rules don't apply
- Will Isiah Thomas verdict open sex harassment floodgates?