Employee Handbook Project
There are many laws in place to protect both employees and employers from unfair labor practices, undue hardships and unsafe working conditions. Some of these include the American’s with Disabilities Act, the Family Medical Leave Act, and the Age Discrimination in Employment Act, the Equal Pay Act and Employment-At-Will. Americans with Disabilities Act
The purpose of the Americans with Disabilities Act is to protect workers from discrimination based on a disability they may have, be it physical, mental or emotional. An employee is considered disabled is they are limited by or unable to perform a major life activity. This impairment is defined by the courts. The ADA is enforced by the Equal Employment Opportunity Commission.
A policy for the Americans with Disabilities Act should contain a general statement that covers all employer obligations under the ADA. Including all responsibilities in a policy ensures that all employees are aware of the organizations positions and accountability to disabled persons to supply reasonable accommodations to their disability. These accommodations can be limited to what the organization can financially afford, would be disruptive to the place of business, disrupts the operation of the business, or is dangerous or unhealthy to the rest of the company.
Reasonable accommodations include adjustments made to physical locations such as widening doorways, providing handicap parking and installing handicap rest room stalls. It can also include making adjustments to job processes and descriptions or providing handicap specific equipment to workers. Most accommodations can be achieved using ingenuity and creativity and do not have to be expensive or disruptive to daily operations.
Simple wording in the policy ensures no confusion on the part of the employee and protects the employer from unwanted litigation. It is the desire and intent of management to comply with the provisions of the Americans with Disabilities of 1990 which prohibits discriminatory employee practices against individuals with disabilities. We will make a good faith effort to provide reasonable accommodations to otherwise qualified candidates who apply for a position or an employee who is able to perform the essential function of his or her job.
Family Medical Leave Act
The Family Medical Leave Act (FMLA) entitles an employee to up to 12 weeks of leave for a specific medical or family reason. These reasons could include the birth or adoption of child, care of a child, spouse, of parent experiencing a serious health crisis, a serious health crisis of the employee or the emergency of an immediate family member on active military duty. FMLA covers companies with 50 or more employees.
Employers are required to spell out a complete company FMLA policy in an employee handbook. Eligibility requirements should be stated first. Employees are eligible for FMLA must have worked for the company for 12 consecutive months, has worked at least 1,250 hours in the 12 months preceding the leave and work at a location in which at least 50 employees work within 75 miles. The 12 month service eligibility does not have to be consecutive. Leave can be taken intermittently in days or weeks and does not have to be taken in its entirety at once.
Under the law, seniority, retirement service credit, and other benefits need not accrue under unpaid leave but any or all of these may accrue if the company so chooses. However, treatment of employees on FMLA leave cannot be less favorable than the treatment of employees not on leave. Time not worked under FMLA leave may not be counted against an employee’s attendance record for disciplinary purposes nor count against the employee for disciplinary purposes.
Where state law provides for family, medical, pregnancy or other leaves for reasons overlapping those covered under FMLA. FMLA policy must be integrated with, and...
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