Employers of 50 or more employees are generally subject to the federal Family and Medical Leave Act (FMLA). Employers of 15 or more employees must generally comply with the employment provisions of the Americans With Disabilities Act (ADA). Also, such employers are usually subject to state workers' compensation laws and often have their own short-term and long-term disability insurance programs.

These various regulations frequently overlap, at times conflict, and can present some of the most complex challenges that employers face. Faegre Baker Daniels assists employers in all aspects of managing their leave and disability compliance obligations and programs by applying the law to the employer's best advantage.

FMLA

Though FMLA requirements appear straightforward (12 weeks of leave per year for each covered employee or 26 weeks for family service member caregiver leave), the law is complex in application. The FMLA is one of the most misunderstood — and misapplied — of all federal employment laws.

A well-written and publicized FMLA policy is just the beginning of ensuring compliance. Human Resource management and front-line supervisors must understand the nuances of FMLA administration. Our lawyers provide a variety of FMLA services to employer clients, including:

• Consulting on day-to-day compliance issues
• Drafting policies and forms to assure compliance and maximize employer flexibility
• Offering workshops that focus on legal and practical compliance, including training supervisors and human resources staff on requirements and providing tools to assist in complying with those requirements
• Defending employers in agency actions and litigation involving FMLA claims

ADA

Recent amendments to the ADA have greatly expanded the number of individuals (both applicants and employees) who may be entitled to some form of employment accommodation for a medical condition. Our lawyers assist employers in:

• Developing and implementing an effective process for responding to accommodation requests
• Training human resources staff and managers on how to appropriately respond to requests or obvious needs for accommodations
• Advising on day-to-day compliance issues
• Responding to claims of disability discrimination or wrongful denial of an accommodation request