4/00/ © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations The Americans with Disabilities Act (ADA): Part II

4/00/ © 2000 Business & Legal Reports, Inc. Goals See how intermittent leave may be a reasonable accommodation. Understand that a disabled employee returning to work must be given the same position or an equivalent position. See how providing light duty may be a reasonable accommodation. Determine when termination is permitted.

4/00/ © 2000 Business & Legal Reports, Inc. Leave Requirements No paid or unpaid leave requirement Depends on reasonable accommodation and accrued leave

4/00/ © 2000 Business & Legal Reports, Inc. Benefits Issues Same as benefits for other unpaid leave

4/00/ © 2000 Business & Legal Reports, Inc. Intermittent Leave May be a reasonable accommodation

4/00/ © 2000 Business & Legal Reports, Inc. Part-Time Employees Covered by the ADA

4/00/ © 2000 Business & Legal Reports, Inc. Reinstatement Entitled to same or equivalent position If the position is no longer available, must place in a vacant position at a lower level Not required to promote or “bump”

4/00/ © 2000 Business & Legal Reports, Inc. Light Duty May provide a light-duty position as a reasonable accommodation Not required to create a light-duty position

4/00/ © 2000 Business & Legal Reports, Inc. Termination Permitted if employee cannot perform job and no reasonable accommodation can be made

4/00/ © 2000 Business & Legal Reports, Inc. Recordkeeping and Reporting Advisable to record requests for accommodation, attempt(s) to accommodate, and reason(s) that attempts to accommodate were not successful Medical information is confidential

4/00/ © 2000 Business & Legal Reports, Inc. Retaliation No discrimination or retaliation against any person (disabled or not) who has taken action or assisted in any action under the ADA

4/00/ © 2000 Business & Legal Reports, Inc. Employer Liability Acts of employer, supervisors or agents, co-workers, third-party nonemployees Back pay, reinstatement, front pay, attorney’s fees, and other equitable relief, if appropriate

4/00/ © 2000 Business & Legal Reports, Inc. Summary Intermittent leave should be considered as a reasonable accommodation. A disabled employee returning to work must be given the same position or an equivalent position with equivalent benefits. A light-duty position may be a form of reasonable accommodation. Termination is permitted if the employee cannot perform the job and no reasonable accommodation can be made.

4/00/ © 2000 Business & Legal Reports, Inc. Quiz 1. Reasonable accommodation may include modifying job schedules and part-time scheduling. True or False 2. An employer must provide paid leave beyond that which is provided to similarly situated employees. True or False 3. A disabled employee returning to work must be given the same position or an equivalent position. True or False

4/00/ © 2000 Business & Legal Reports, Inc. Quiz (cont.) 4. If necessary, you must create a light-duty position for a disabled employee. True False 5. Under the ADA, which circumstances allow an employer to terminate an employee?

4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers 1. True. 2False. Employers do not have to provide paid leave beyond that which is provided to similarly situated employees. 3. True. 4. False. Creating a light-duty position is not required under the ADA. However, reassigning an employee to an existing light-duty position may be a form of reasonable accommodation.

4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers (cont.) 5. If the employee cannot perform the job and no reasonable accommodation can be made, the employer may terminate an employee.