Sharon’s first step, once she has verified Joyce exhausted FMLA (or if they were not yet eligible), would need to inform Joyce of the need to participate in a Good-Faith Interactive Process to determine if additional leave is a reasonable request and not an Undue Hardship. Sharon would do this by providing notification to Joyce via certified or confirmed USPS delivery, FedEx, or UPS. The Good Faith Interactive Process will allow Sharon to explain the options to Joyce in detail. Sharon will want to clarify for Joyce that the ADA is a work regulation and FMLA is a leave regulation. So, if Joyce is requestion leave as an accommodation under the ADA, Sharon will need to make sure the employee has a specific return to work date, not an estimate.
Sharon can then go on to explain that she wants to help, but without Joyce’s cooperation by providing a medical certification and confirming the need for the accommodation, she cannot do that. The Leave Management Solutions Standard Operating Procedure (SOP): provides our clients three notification letters requesting the employee engage in an Interactive Process either in person or via Zoom. If the employee fails to respond, after confirmed delivery of the letter, we end the ADA accommodation process. Sharon would then inform Joyce that she would be happy to re-start the process once Joyce provides a valid, up-to-date medical certificate. Sharon must remember to remind Joyce that she either needs to provide that medical certificate or return to work. If this does not occur, then you will assume the ADA process would be completed and the Sharon would then implement her companies standard AWOL procedure.
Does this scenario make you nervous? Do you feel as though you need more assistance and help with understanding the ADA Accommodation Blueprint strategy?
Well thankfully Leave Management Solutions (LMS) offers an ADA Compliance Blueprint system that gives you 6 online training courses to help you learn how to handle this complex process all on your own! Learn more here: ADA Training Landing Page – Leave Management Solutions
We also offer an ADA Compliance Blueprint Membership which has an integrated system that provides all the forms, letters, checklists, and charts needed to assist in any ADA situation. You will also gain access to our Bi-Monthly Q/A Meetings via Zoom where you can get your questions answered in real time by Beth De Lima, who has been in this industry for more than 30 years!
Using our system, and becoming an LMS Member, not only makes handling Medical Leaves and Accommodations easier, but it helps you save time, get answers to your questions, helps you in real time, and protects you from any litigation. We want to help you succeed by teaching you how to be the expert!
Have a difficult situation and need answers now? You can attend one of our Q & A sessions (the 2 nd and 4 th Thursday of each month at 10:00 PST via Zoom) for only
$75! Free to our members. Sign up here:
Monthly Q & A and Training sessions with Beth De Lima – LMS(leavemanagementsolutions.com)
To Learn more about Leave Management Solutions, and how we can help you manage your Medical Leaves and Accommodations more effectively, efficiently, and affordably. Sign up for a free strategy session with LMS Founder Beth De Lima, MBA, SHRM-SCP, SPHR-CA, iMBA. Demo Landing Page – Leave Management Solutions