The world of FMLA, LOA and ADA is complex, so sometimes it’s good to get back to basics. Please join us over the next few weeks as we spend some time talking about the fundamentals, or the “ABC’s” of absence management. Starting with….
A: Accommodations: Phase 1 Accommodations for employees are here to stay and requiring more attention. Your list of questions can be daunting. As Julie Andrews said to Liesl, Friedrich, Louisa…and the rest, let’s start at the very beginning, it’s a very good place to start. Before an individual is even an employee, you have an obligation to them. You do NOT have an obligation to hire the person with the disability, but you DO have an obligation to make the application process available to qualified candidates with disabilities. Individuals with mobility impairments, visual impairments, and hearing impairments are just three examples of those who must be able to traverse the application process. You may not ask disability-related questions before an offer is made. You may ask medical questions if they are directly related to the applicants’ ability to perform the job requirements. There are no affirmative action requirements for those with disabilities; however, you may invite applicants to voluntarily self-identify for purposes of an affirmative action program. If you do, you MUST state that the information is solely for affirmative action purposes, that it is requested on a voluntary basis, that it will remain confidential, and that failure to provide it will not cause any adverse treatment. For additional resources, visit the links below: