FMLA and ADA

State and federal laws protect employees in specific situations and create certain obligations for employers. At Lieser Skaff, our expert employment law attorneys work with employers to enact policies and procedures that support compliance with these regulations, as well as represent businesses facing lawsuits for alleged violations.

The ADA protects the rights of people with disabilities by eliminating barriers to their participation in various aspects of life and work in the U.S. From an employer’s perspective, this includes not discriminating on the basis of a person’s disability when recruiting, hiring or promoting people, as well as assuring that the work environment is reasonably accessible given an employee’s limitations; it can also mean ensuring that your company website is ADA compliant and accessible. However, you are not required to:

• Hire an unqualified individual because they are disabled;
• Hire a person with disabilities from a pool of qualified individuals, as long as the decision not to select that person was not due to their disability; or
• Give applicants with disabilities preference over other applicants.

Additionally, although most businesses must make reasonable accommodations for workers with disabilities, some employers are exempted, including some that have fewer than 15 employees and would experience “undue hardship” if they made those accommodations.

If you need support in developing ADA policies and procedures, making workplace choices for individuals covered by the ADA, or defending against claims brought against you, we can help.

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. However, not every employer is required to give FMLA leave and not every employee is eligible for protection under the guidelines.

Under FMLA, eligible employees may take up to 12 to 26 workweeks of leave in a 12 month period if specific requirements are met; and then return to their former job (or an equivalent one) when they return. The rules surrounding leave, notifications and processes are detailed and complicated. Even employers who do their best to accurately meet them can find themselves facing a lawsuit.

The employment law attorneys of Lieser Skaff have extensive experience in FMLA cases, and we only represent employers like you. If you are an employer who needs support with ADA or FMLA compliance or if you are looking for a firm to protect your interests in a legal actions involving the ADA or FMLA, our firm can provide you with the guidance and direction you need.