Looking back on the situation regarding Diane and her illness which caused attendance issues, we know now that when Diane disclosed to her supervisor that her problems with attendance were due to a mental health illness and the medication she was taking, the appropriate process wasn’t necessarily followed with regards to seeing if Diane qualified or required a reasonable accommodation or a leave of absence. Granted, it was Diane’s responsibility to request a reasonable accommodation, but when a supervisor is made aware of a situation, the right questions need to be asked.
How do you know what applies and what questions to ask? In situations that warrant a serious health condition (whether that be physical or mental) or a disability, there are typically three types of protections that may apply to the employee:
- Federal (the Family and Medical Leave Act) – The FMLA typically applies to organizations with 50 or more employees working within a 75-mile radius and warrants job protection for up to 12 weeks;
- State (in Oregon we have the Oregon Family Leave Act) – At the state level, leaves of absence typically run concurrently with the FMLA, but the eligibility requirements may differ (for example, in Oregon organizations with over 25 employees are required to comply); and
- Disability Protection (the Americans with Disabilities Act, the ADA) – Prohibits discrimination against individuals with disabilities, ensuring that they have the same rights and opportunities as everyone else (such as providing them with a reasonable accommodation to enable them to perform the essential functions of their job).
Managing employees often means managing your department while they are out and ensuring the employee’s time off is protected or calculated correctly. It is important that managers and supervisors understand which leave protections apply to their organization, how they work, and what both the employer’s and employee’s rights and responsibilities are before, during, and after a leave of absence or period of disability.
This is where we step in! Leave Administration is something that HRCentral specializes in. We understand that your time and resources are valuable to your organization, which is why we work with your HR department and your management team to take as much of this process off your plate as we can. In addition to administering this process for you, we offer Leave Administration management training, educating your supervisors in the different types of leaves, who is responsible for what, and how to identify the need for a leave of absence or a reasonable accommodation.
Contact us today to see how we can work together to make this process as seamless for your Company as possible!