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Government Command Center 13 items

FMLA & ADA Employer Compliance Checklist

Supports a public employer's HR function in administering Family and Medical Leave Act leave and Americans with Disabilities Act reasonable accommodations for employees.

FMLA (29 CFR 825)ADA Title I (29 CFR 1630)ADA Amendments Act

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FMLA Eligibility & Notice

  • Is the employee eligible (12 months of service, 1,250 hours, 50 employees within 75 miles)? *
  • Was the eligibility/rights-and-responsibilities notice provided within 5 business days of the leave request? *
  • Is the general FMLA notice posted and included in employee handbooks? *

FMLA Certification & Designation

  • Was medical certification requested and evaluated for a serious health condition? *
  • Was a designation notice issued stating whether leave counts against the FMLA entitlement? *
  • Is intermittent leave tracked accurately against the 12-week (or 26-week military caregiver) entitlement? *
  • Is group health coverage maintained during leave and reinstatement to the same/equivalent position honored? *

ADA Interactive Process

  • Is a request for accommodation recognized regardless of the words used and the interactive process initiated? *
  • Is the individual a qualified individual with a disability able to perform essential functions with/without accommodation? *
  • Are essential job functions documented (e.g., in job descriptions)? *

Reasonable Accommodation & Documentation

  • Was a reasonable accommodation provided absent undue hardship (including leave as an accommodation)? *
  • Are medical inquiries limited to job-related and consistent-with-business-necessity, and records kept confidential? *
  • Are accommodation decisions and the interactive process documented? *

Download the full FMLA & ADA Employer Compliance Checklist checklist

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