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Legal
What should I know about workplace Laws?
During the last few years, employees have been exposed to many new laws, regulations,
and acronyms. The Americans with Disabilities Act (ADA), Family and Medical Leave Act
(FMLA), and Occupational Safety and Health Act (OSHA) impact upon the workplace. These are
different laws enacted at different times with different purposes, and are not totally
uniform. You should know about these.
The Americans with Disabilities Act (ADA)
The ADA is a federal anti-discrimination statute designed to remove barriers for
individuals with disabilities. The ADA seeks to ensure equal access to employment
opportunities regardless of whether someone has a disability. Title I prohibits
discrimination against any qualified applicant or employee with a disability in all
aspects of employment.
Family and Medical Leave Act (FMLA)
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected
leave to "eligible" employees for certain family and medical reasons. Employees
are eligible if they have worked for a covered employer for at least one year, and for
1,250 hours during the previous 12 months, and if the company employs at least 50 people
within a 75-mile radius. There are some areas of interaction between FMLA and ADA. These
areas include medical conditions and reasonable accommodations.
A condition that qualifies as a serious health condition may or may not satisfy the ADA
definition of disability. Temporary impairments of short duration constitute a serious
health condition, but are not disabilities. Conversely, being a person with a disability
(e.g., quadriplegia) does not necessarily constitute having a serious health condition.
The concept of reasonable accommodation under the ADA and FMLA are different. For
example, an employee undergoing chemotherapy for cancer may request a modified work
schedule as a reasonable accommodation under the ADA; it must be provided unless the
employer can prove it would create an undue hardship. The same employee could request time
off as FMLA leave. The employer must grant an eligible employee up to 12 weeks of unpaid
FMLA. There is no undue-hardship exception.
Occupational Safety and Health Act (OSHA)
The OSHA Reform Act requires an employer to furnish a work environment that is free of
recognized hazards causing or likely to cause death or serious injury, as well as to
comply with government safety and health standards. There are some areas of interaction
between OSHA and ADA. These areas include standards and reporting requirements. In
complying with specific OSHA standards, employers may want to consider incorporating ADA
reasonable accommodation concepts. For example, OSHA requires employees to label, in
writing, certain toxic materials and give written materials explaining their potential
dangers to employees. An ADA reasonable accommodation could be also using the universal
symbol for poison, and providing verbal warnings of the potential danger of certain toxic
materials.
Workers' Compensation Laws
Each state has its own workers' compensation laws and second injury fund. The
employers' return-to-work policies and procedures for an employee who is injured or
disabled must be consistent not only with state workers' compensation laws, but also with
ADA, FMLA, and OSHA regulations. It is important to remember that the ADA does not
distinguish between reasonable-accommodation requirements for employees with work-related
injuries and illnesses as opposed to non work-related injuries and illnesses.
What are Some Suggestions for Dealing with the Different Workplace Laws?
In a large company, these issues are often handled by the Human Resources, Legal, and
Risk Management Departments. Following are some suggestions for small business owners:
- Keeping Informed
is the first step in understanding the current laws, regulations,
benefits, and other employee-related information that may impact the workplace. This
information is available from the State/Federal Departments of Labor, the EEOC, your
attorney, accountant, trade associations, and/or insurance agent.
- Documentation and Recordkeeping
are the most important protective steps an employer
can take. Document in writing all employee performance and problems.
- A Company Manual
outlining policies and procedures should be presented to every
employee with a "sign off" sheet. There can be less of a chance of
misinterpretation when the rules are spelled out on paper.
- A Written Job Description
is another essential tool for avoiding misunderstanding of
expectations and ultimately discrimination suits. Job descriptions show that the employer
has identified the essential job functions and given every applicant the same information
and opportunity for the position. With precise explanations of duties and
responsibilities, employees know what is expected of them. Employers have the guidelines
needed to hire, supervise, evaluate, and promote with maximum effectiveness.
- A Corrective Action Plan
is the best way to handle problems. In the event of
problems, several warnings may eliminate the need for drastic action. Warnings will help
justify the corrective action if the warnings are not heeded. Tell the employee what is
wrong, what needs to be done to remedy the problem, and what will happen if the problem is
not resolved. Document by including a specific time frame for the employee to remedy the
problem; confer with the employee regularly to evaluate progress.
- A Safety Management Program
is important in preventing workplace injuries. Studies
show that safety and prevention programs, along with a carefully designed work
environment, reduce accidents and time off due to sick days.
- Communication and Common Sense
should be underlying principles for dealing with
employees. Open, honest, and ongoing communication will resolve many problems. The
employer and employee working together can develop creative, flexible strategies to meet
the goals of the laws and regulations. Use common sense.
- Use Outside Professionals
if you are unsure. There are many professionals who can
provide human-resource management advice in areas of employee benefits, safety and risk
management, governmental compliance, personnel research, employee communication, and labor
relations.
Where can I obtain additional information?
Office of Disability Employment Policy's Job Accommodation Network (JAN)
(800) 526-7234 (VOICE/TTY), (304) 293-5407 (FAX)
jan@jan.icdi.wvu.edu (e-mail)
Equal Employment Opportunity Commission
(800) 669-4000 (VOICE), (800) 669-6820 (TTY),
(513) 489-8692 (FAX)
Disability and Business Technical Assistance Centers (DBTACs)
(800) 949-4232 (VOICE/TTY), (703) 525-6835 (FAX)
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