Managing ADA accommodations after FMLA leave

The Americans with Disabilities Act (ADA) may entitle an employee with an ADA-protected disability to be reinstated from a leave of absence under the federal Family and Medical Leave Act (FMLA) even though the employee is not able to perform all the essential functions of his or her job. Reinstatement may be required if a modification of job duties or some other accommodation will allow the employee to perform the job’s essential functions, or even if, in the absence of such an accommodation, the employee can be reassigned to a different position, the essential functions of which the employee can perform, without or without accommodation.

In this guide, learn about:

• Step 1: An employer should have in place an ADA-related accommodation policy that is included in their employee handbook, if they have one.
• Step 2: Require an employee returning from FMLA leave to provide a fitness-for duty certification.
• Step 3: Determine whether the employee’s request for reinstatement puts the ADA “in the picture.”
• Step 4: If the ADA is “in the picture,” decide whether to place the employee on paid leave or in a temporary position while addressing the accommodation issue.
• Step 5: If the ADA is “in the picture,” decide whether to treat the employee as having an ADA-protected disability.

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