In an article for HR Professionals, Bass, Berry & Sims attorney Tim Garrett outlined lessons to be gleaned from recent case law on leaves of absence under the Family and Medical Leave Act (FMLA) and the American Disabilities Act (ADA). Tim examined recent case law to highlight important lessons and practical tips to help human resources professionals in managing leaves.
Tim reminded readers of an important first step – remembering the purpose behind each law, namely that the FMLA is a leave statute that “entitles an eligible employee to take job-protected, unpaid leave for up to 12 weeks for various reasons, including his or her own serious health condition.” Separately, the ADA is more an accommodation statute – “it informs employers to engage in an interactive discussion with a qualified individual with a disability in an attempt to get the employee back to work.”
In the article, Tim discusses discuss some lessons to be learned from recent cases and provides some helpful tips in dealing with the challenges of managing employees on leaves under FMLA and ADA. Tim examines the following recent cases in the article: Gurne v. Michigan Bell Telephone Co.; Capps v. Mondelez Global, LLC; Barger v. First Data Corp.; Wirtes v. City of Newport News.
The full article, “Extended Leaves Under FMLA/ADA: Lessons Learned from Recent Case Law,” was published by HR Professionals on October 5 and is available online.