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My First FMLA/ADA
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My First FMLA/ADA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I think I may soon be dealing with my first real FMLA/ADA situation. Employee has brain tumor - had surgery - having treatments - unknown return to work. FMLA will exhaust later next month. My underst
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Forums » Topic Forums » Legal Forum » My First FMLA/ADA
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My First FMLA/ADA
posted at 8/18/2010 12:16 PM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
I think I may soon be dealing with my first real FMLA/ADA situation. Employee has brain tumor - had surgery - having treatments - unknown return to work. FMLA will exhaust later next month. My understanding is that cancer is deemed a disability, therefore ADA comes into play, so I am working my way through DOL information. How are the two different? I'm not seeing much. And, what does THIS mean???????
"Under the ADA, an employer must continue health insurance coverage for an employee taking leave or working part- time only if the employer also provides coverage for there employees in the same leave or part-time status. The coverage must be on the same terms normally provided to those in the same leave or part-time status." |
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My First FMLA/ADA
posted at 8/18/2010 4:35 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Yes, you would need to treat them the same as you would any employees with a disability. If you would continue benefits under leaves that are NOT FMLA, then you must do so for an ADA reason also.
The EEOC has a good article that shows the interaction between FMLA and ADA. Unfortunately I am on vacation and not at my computer to give you the link. But if you google "EEOC FMLA ADA" it should pop up in the first few links. ADA does require more interaction regarding reasonable accommodation, which sometimes does mean extra time off. Not always paid or benefits continued, but timeoff. |
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