Amendments to two important employment laws will go into effect this month. In fact, changes to the Americans with Disabilities Act already took place as of Jan. 1. Beginning Jan. 16, the Family and Medical Leave Act will also see some revisions. Employers should familiarize themselves with these amendments so that they are aware of their rights and responsibilities. Here are some of the basic changes occuring within each.

Americans with Disabilities Act

  • Interprets more broadly the definition of a disability, so that it covers more individuals.
  • More clearly defines the “major life activities” that are affected by a disability.
  • Won’t consider the benefits of medications or prosthetics in assessing whether an individual has a disability.
  • Clarifies that impairments that are temporary or in remission can be considered disabilities.
  • Shifts focus of litigation from whether or not an employee is disabled to whether or not there was discrimination in the workplace.

For a closer look, click here.

Family and Medical Leave Act

  • Clarifies how FMLA leave affects the substitution of paid leave, perfect attendance awards and light-duty assignments.
  • Specifies that leave takers with chronic conditions must have two doctor’s visits per year.
  • Requires four types of employer notification and extends the time for these notices.
  • Requires employees to provide sufficient and timely notification of leave.
  • Allows employers to require employees to adhere to call-in procedures.
  • Allows employers to request annual medical certification for conditions that exceed one year.
  • Provides a military caregiver provision to expand coverage for family members caring for service members.

For a closer look, click here.

 

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