- Products
- Products Overview
- Enterprise Edition
- Orientation Management
- On-Boarding
- New Hire Orientation
- Employee Handbook
- Benefit Administration
- Disability Accommodation Management
- On the Job Management
- Harassment and Discrimination
- Wage & Hour Management
- Performance Management
- Time-Off Management
- Termination Management
- Discipline
- Termination
- Exit Interviews
- Turnover Prevention
- Professional Edition
- Compli's Enterprise Edition-Automotive
- Compli's Enterprise Edition-Trucking
- Compli CSA
- Compli Recruit™
- Sales, Finance and Insurance Compliance Module
- Compliance, Safety, Accountability (CSA) and Risk
- Environmental, Health and Safety Compliance Module
- Compli Counsel™
- Compli Integrations
- View a Demo
- Solutions
- Industries
- Services
- Library
- Events
- About
- Blog
- Customer Login
Potential ADA & FMLA Pitfalls Within Your Dealership
ARTICLES+ SEE ALL ARTICLES
Article: Potential ADA & FMLA Pitfalls Within Your Dealership
Article Date: Friday, September 3, 2010
Author: Compli
Article Source: Dealer Digest Daily
HOW-TO’S BY INDUSTRY EXPERTS
Though the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) have been around for many years, they are still the source of confusion and increased litigation around the country. Some of this litigation can be avoided just by recognizing the potential pitfalls:
- Failure to provide the proper notice under the FMLA can seriously limit your options and expose you to needless liability.
- Use the correct forms. Just because somebody else is using it or you found it on a government website does not mean that it is the correct form.
- FMLA leave may include leave for a pseudo family-member - in loco parentis. Do not assume that the employee cannot qualify for FMLA leave to take care of grandma.
- You should not fire an employee just because the 12 weeks of FMLA ran out. The ADA may require more from you.
- You should not fire an employee for "job abandonment" because they have not shown up to work for a couple of days after their doctor's note has expired.
- Once the 12 weeks are up, you do not need to be satisfied with continuing the leave of absence as the only possible accommodation. Employers have rights too.
For more tips and information view a FREE Webinar Recording from Compli: “ADA & FMLA-Potential Pitfalls That Can Expose Your Business” Presented by Guest Speakers Talar Herculian and Sean Kundu from Fisher & Phillips, LLP.
-
more