Kilpatrick partner Jeralyn Baran recently presented to the Association of Legal Administrators (ALA) Certified Legal Manager (CLM) Study Group on the topic of “Navigating Leave Laws: Workers Compensation, FMLA and ADA - Understanding Compliance in a Law Firm Environment.”

Key takeaways from her presentation include:

1. Determine Eligibility and Coverage under FMLA and ADA

• FMLA: Confirm whether the employee meets the eligibility requirements:
  • At least 12 months of service,
  • At least 1,250 hours worked in the past year, and
  • Works at a location with 50 or more employees within a 75-mile radius.
• ADA: Determine whether the employee has a qualifying disability that substantially limits one or more major life activities.
• Key Distinction:
  • FMLA leave is guaranteed if the criteria are met.
  • ADA leave is based on what is reasonable and may vary case by case.

2. Coordinate and Distinguish Between Leave Types

• FMLA offers up to 12 weeks of job-protected leave in a 12-monthperiod.
• Under the ADA, additional leave beyond FMLA may be required as a reasonable accommodation, unless it causes undue hardship.
• Important: Never automatically terminate employment when FMLA leave ends—evaluate whether ADA obligations still apply.

3. Maintain Consistent Documentation and Communication

• Engage in the interactive process under the ADA when an employee requests leave or an extension; this is not a one and done situation.
• Gather information, explore accommodation options, choose an accommodation, implement the accommodation and monitor the accommodation.
• Maintain clear, consistent documentation for:
  • Medical certifications,
  • Leave and accommodation requests,
  • Interactive processes, and
  • All related communications.
• Train HR and supervisors to avoid interfering with or retaliating against employees for exercising rights under either law.

For more information, please contact:
Jeralyn Baran: jbaran@ktslaw.com.