6 Lessons From Recent FMLA And ADA Decisions: Part 1
Administration of the Family and Medical Leave Act, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 29 U.S.C. §12101 et seq. continues to be challenging, even for the most seasoned employment law and human resources professionals. The FMLA contains myriad technical requirements and the ADA’s accommodation obligations seem to expand with every change of season. An error in administration, even if minimal, can expose an employer to litigation and significant damage awards.
Given the risks associated with FMLA and ADA compliance, it is essential that employers keep abreast of continuing developments in this area. To that end, this two-part series sets out six lessons that employers should learn from recent cases to ensure legal compliance and minimize litigation risk. Part one of the series covers the following topics: (1) recognizing when an employee provides notice; (2) understanding when a medical condition will be considered a serious health condition and/or a disability; and (3) understanding and proving what constitutes an essential job function.