Untangling the ADA, FMLA, WC Web: Workplace Policies

Tasha Patterson@Work


Best Practice #1: Review Workplace Policies to Ensure Flexibility

Workplace PoliciesBy Matthew Bahl, JD

Dir. Health & Productivity Analytics
Prudential Group Insurance

By Kristin Tugman, PhD

VP Health & Productivity Analytics
Prudential Group Insurance

On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a resource guide consolidating much of its existing advice on the Americans with Disabilities Act (ADA) and employer-provided leave.1 In this guidance, the EEOC explores, among other issues, what has long been a central tenet of the ADA: the need for flexible attendance and leave policies.

Under the ADA, employers must engage in the interactive process and provide reasonable accommodations to help employees perform the essential functions of their job. Each request for accommodation must be considered individually and the request must be reviewed in a timely manner. A reasonable accommodation could include an appropriate adjustment or modification to workplace policies for individuals with disabilities.2 In recent years, the EEOC has staked its position on policies that, in its estimation, run afoul of this flexibility principle:

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