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FMLA, ADA and Performance Problems
Balancing Employer Obligations with Performance Expectations - SHRM Certified
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Topic Background : 
 

Employees also often take leave for any number of reasons, often for their own serious health condition. Many times, the leave allows the employee the protection of the Family Medical Leave Act (FMLA.) Other times the leave is from a company leave policy and/or some states require leave obligations of employers.

What can be problematic for employers is when leave protections and accommodation discussions intersect over performance problems. Often, the medical problems preceded the performance problems and its not until the employee is counselled over performance that they reveal the need for accommodation or leave. That leaves the employer with the dilemma of how to have discussions of performance and discuss expectations without appearing to be retaliating against the employee for taking leave and/or availing themselves of an accommodation.

The Americans with Disabilities Act of 1990 (ADA) was enacted to prohibit discrimination based on disability. Title I of the ADA prohibits discrimination in employment as regards both applicants and employees. Once an employer knows an employee is struggling to do their job, an interactive process is an important part of any accommodation process.

Why should you attend : 

  • This webinar will cover how to have effective, low drama, accommodation discussions that discover solutions that work for both the employee and the company.

  • We’ll cover best practices for administering FMLA while meeting employer obligations and the intersection of the FMLA, and the ADA. We’ll also cover solutions to some thorny problems that intersect the FMLA and the ADA with performance problems. 

  • Lastly, we’ll cover how to talk to employees regarding performance without appearing retaliatory resultant from their taking leave and/or requesting accommodation.

Areas Covered in the Webinar :
 

  • What is the FMLA and how can it intersect with the ADA. What an employer needs to know.

  • What is the ADA and what it requires of employers and employees.

  • What is an interactive process? What is expected of an employer in an interactive process?

  • How to actually have an accommodation discussion and what to do when conversations don’t go as planned.

  • How leave features in an interactive process.

  • Best practices in FMLA and leave administration. 

  • How to handle temporary transfers and light duty assignments.

  • The role of the employee’s medical provider for both the FMLA and the ADA.

  • What your Supervisors and Managers need to know.

  • Managing other employee’s perceptions (and frustrations.)

  • Managing the changing circumstances of disabilities. Follow up and review.

  • What to do if you think the employee poses a substantial risk to him/herself or others. 

  • Handling employee complaints of harassment, mistreatment, including retaliation and interference.

Who will benefit:
Location Managers, Division Supervisors, Supervisors, Human Resources, Safety 

Presenter : Teri Morning

Note :  Recorded access is available for this topic. If you are interested, write to us at contactus@compliancefeed.com

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