Raj’s first reaction would be to accept Natasha’s request to extend her leave under ADA. However, he remembered something that Beth De Lima, the founder of LMS, talked about in the last member meeting that he attended. Thankfully someone else in the meeting had a scenario very similar to his!
Beth reminded everyone that you do not want to just extend leaves under the ADA. What Raj will want to do is actually conditionally designate Natasha under the ADA, pending an Interactive Good Faith Meeting and Undue Hardship Analysis. This means resending the conditional designation letter asking the employee to provide medical documentation verifying the expected duration of the additional leave. AND – confirmation the employee is expected to return to work on the new date, rather than a medical evaluation to determine medical progress that may result in a request for additional leave. Natasha is then informed that she will need to verify with her medical provider that the additional designated ADA leave accommodation will result in her returning to work allowing her to perform all the essential functions of her job. In other words, the return-to-work date is considered valid and as accurate as the medical provider can determine.
However, before the Interactive Good Faith meeting, Raj will want to conduct an Undue Hardship Analysis and make sure that Natasha’s second ADA leave from work and performing her essential job functions will not cause an Undue Hardship or is considered an Unreasonable request.
Do you know how to do an undue hardship analysis? Do you know how big of a step they are in the ADA Accommodation process? Watch our free preview of our Completing an Undue Hardship Analysis to know what you don’t know about this crucial step: https://www.
Are you ready to take the next step and make sure that you are always staying compliant when it comes to the ADA? Of course, you do! That’s why LMS created the ADA Compliance Blueprint Training program so you can learn from our six trainings to stay on top of this complex regulation. Not only do you get the trainings, but you also get six FREE coupons to come to our twice monthly meetings to get any questions answered in real time by our Founder. Sign up here: https://www.
You can also become a LMS member under our new ADA Compliance Blueprint Membership. Gain access to all of our pre-made, ready to download forms, letters, checklists, and flowcharts to better manage the ADA accommodations in your workplace and join use for our twice monthly meetings to get all your Leave and Accommodation Implementation questions answered real time. Join our exclusive members today: https://www.
Did you know we have a meeting only membership? This means you have access to all of our twice monthly meetings on the second and fourth Thursday each month at 10am PST via Zoom. You can submit any questions, scenarios, or real-life examples and get them worked through with our founder, Beth De Lima. Beth is currently a subject matter expert witness and has been working with the ADA since 1993 so there is not a scenario she won’t be able to work through with you. Interested? Sign up today! https://www.