Learn about the FMLA and ADA, two crucial laws HR professionals must consider when administering return-to-work programs for ill or injured employees. Prepare for the SHRM-SCP certification exam with expert insights.
Table of Contents
Question
What laws must be considered when administering return-to-work programs?
Answer
FMLA and ADA. An employee may be covered under the FMLA or the ADA, depending on the situation. These laws must be considered when making decisions affecting ill or injured employees.
Explanation
When administering return-to-work programs, HR professionals must consider two key laws: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, such as a serious health condition that renders the employee unable to perform their job. When an employee returns from FMLA leave, they must be restored to their original job or an equivalent position with the same pay, benefits, and other terms and conditions of employment.
The ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship. A reasonable accommodation may include modifications to the work environment or job duties that enable an employee with a disability to perform the essential functions of their position.
When making decisions about ill or injured employees, HR professionals must determine whether the employee is covered under the FMLA, ADA, or both. If an employee is covered under the FMLA, the employer must grant the appropriate leave and reinstate the employee to their position upon return. If an employee is covered under the ADA, the employer must engage in the interactive process to identify and provide reasonable accommodations that allow the employee to perform their job duties.
Failure to comply with the FMLA or ADA can result in legal consequences for the employer. Therefore, it is crucial for HR professionals to understand these laws and apply them correctly when administering return-to-work programs.
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