How to navigate the intersection of the ADA and the FMLA — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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How to navigate the intersection of the ADA and the FMLA

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in Employment Law,FMLA Guidelines,Human Resources,Office Management,Payroll Management

When an employee needs time off due to a mental or physical impairment, he or she potentially could have rights under both the ADA and the FMLA. You must first determine whether one or both laws cover the employee. From there, you’ll know which rights the employee has. And any decision you make must take these rights into account.

The laws

The ADA prohibits employers from discriminating against any “qualified individual with a disability” as long as the person can perform the essential functions of his or her job with or without reasonable accommodation. All employers with 15 or more employees must comply with the ADA.

Employees and applicants are deemed disabled under the ADA if they have a mental or physical impairment that “substantially limits a major life activity.” The ADA also makes it illegal to discriminate against nondisabled individuals because the employer perceives them as being disabled or because of their ...(register to read more)

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