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Under the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA), a transfer or reassignment to a new job can be a reasonable accommodation. Employers may forget about this accommodation option — or may not be interested in discussing it — which can create a significant risk of liability.

While it could be years before psychedelic treatment for mental health conditions is included in employer-sponsored plans or insurance offerings, the groundwork is being laid for that to happen. Many people believe psychedelic medicines are following the path of cannabis, which is illegal under federal law though states have legalized recreational and medicinal use. This is an issue employers will want to watch.

While most absence and disability managers are familiar with the costs of absenteeism — an estimated $150 billion annually — some might not realize that employee presenteeism can cost 10 times more. Employers can have a positive influence on presenteeism by implementing strategic outreach, targeted communication, and by considering whether their culture encourages a sense of psychological safety.

Maternity leave is the most common reason for short-term disability absence. In addition to time off for recovery, some new mothers face unexpected challenges. That’s when coordinated benefits with broader coverage can be especially important for maternal and child health, financial well-being, and enabling return to work.

The leave and disability environment continues to change. The number of state statutes, new state disability programs, and accommodation changes should prompt employers to reorganize their company guidelines. To stay current, you must establish order, maintain organization, and update and replace outdated or “spoiled” policies.

Building comprehensive RTW programs that ensure a coordinated, collaborative approach that integrates mental and physical elements of recovery helps employees return to work after a leave of absence for any reason and especially in catastrophic cases. The team at North Memorial Health has a keen appreciation this type of collaborative approach.

Title I of the Americans with Disabilities Act requires employers to engage in a timely, good faith interactive process and provide reasonable accommodation. What, then, makes an accommodation objectively reasonable?

If companies use outbound feeds and allow data to flow into leave management technology, employers can simplify the leave process, improve compliance, and enhance the employee experience by creating one source of truth.

Most courts agree that inflexible policies discriminate against people with disabilities, yet employers still have and enforce them. And some employers are not aware that these policies may violate the Americans with Disabilities Act.