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FMLA & ADA Employer Compliance Checklist
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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? *
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