If attendance at a conference session is any indication, HR professionals remain concerned about how to navigate the intersection of the Americans With Disabilities Act and the Family and Medical Leave Act.
Now that the Americans With Disabilities Amendments Act has altered the definition of “disability,” it is more common than ever for the laws to overlap, experts said at a standing-room-only session at the Society for Human Resource Management’s 2011 conference in Las Vegas.
Susan W. Brecher, director of HR dispute management and resolution certificate and curriculum/training design at Cornell University’s Industrial and Labor Relations School, and Judy Young, associate director of training and development at the school, offered attendees advice for how to manage requests for leave that involve both laws.
First and foremost, they said, HR departments should review how their leave policies address the interatction of disabilities under the ADA and serious health conditions under the FMLA.
Another crucial step, according to Brecher and Young, is for HR departments to educate supervisors and managers about their responsibilities and how to respond to requests for leave. If supervisors and managers can’t be fully trained, they should at least be taught one simple lesson, said Brecher: “If you hear the word ‘medical condition,’ call HR.”
When engaging in the interactive process, HR departments should listen carefully to exactly what an employee is requesting, rather than assuming that a preconceived accommodation will be necessary. “There’s a wonderful question you can ask the employee,” said Brecher. “‘What do you see as the implications [of a request accommodation] for your job?'”