Accommodating my request

Your job descriptions should describe not only the specific duties and functions the employee will be expected to perform but also the percentage of time per day the employee is expected to perform each function. Not having a uniform accommodation policy Determining what accommodation to provide an employee with a disability requires an individualized analysis, but that doesn’t mean you should approach the accommodation process on an ad hoc basis.

Everyone involved in the accommodation process should be guided by a centralized, uniform process.

If an employee on leave has failed to keep you apprised of her current status or expected return to work, document all attempts to reach her. This session will provide a comprehensive look into how to conquer the most confusing leave-related conundrums under leave-protection laws.

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What might be an undue hardship for a small employer may not be one for a large employer.Recognizing and understanding the requirements and differences in these laws is one of the more complex areas of employment law.A description of the many differences among these overlapping laws is beyond the scope of this article, but two pitfalls are very common: relying on a third-party workers’ comp claim administrator to make decisions about your obligations under the ADA or the FMLA and over lapping state laws and failing to recognize that employees can be entitled to time off under the ADA beyond what is required by the FMLA and overlapping state laws. Failing to train supervisors Having a great HR team means little if supervisors err in making accommodation decisions on their own.Employees may perceive that a coworker who has been given an accommodation for a disability is getting “special treatment.” Be careful how you explain the need for this treatment to other employees; do so in a way that doesn’t disclose any confidential medical information. Failing to document It’s critical that you document every step of the interactive and accommodation processes and the reasons for each decision made along the way.If you are going to claim a requested accommodation is an undue hardship, be sure to document all the reasons for that conclusion, including factual support from supervisors or others with a good understanding of the specific concerns. will present Absence Management in the Compliance ‘Bermuda Triangle’: FMLA’s Intersection with Disability Accommodation, Workers’ Compensation, and Paid Time Off.

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