ADA & FMLA Compliance Manual

This publication was updated for the April 2018 "ADA & FMLA Compliance Update" and is available in searchable PDF and hard copy formats.

In April 2018, NELI hosted the nation's most comprehensive update of legal developments and practical advice on questions regarding ADA and FMLA compliance, a program unique to NELI.

On Day One, we covered the latest judicial interpretations of “disability,” including cases on pregnancy-related conditions, the newest “major life activities,” surprising recent decisions on “substantially limits,” and tips for training supervisors to avoid “regarding” an individual as disabled under the new legal standards. We'll examine new cases on the meaning of “qualified,” including the importance of up-to-date job descriptions in determining “essential functions,” and cases on whether duties such as handling stress, attendance, punctuality, and lifting are “essential.” Additionally, developments on the definition of “reasonable,” what sparks the interactive process, cases on leave, schedule adjustments, modified duty, work-at-home, and reassignment will be covered. Day One concludes with discussions of the latest cases on understanding conduct rules and “direct threat” safety standards.

Day Two commenced with a session on the latest developments on obtaining medical information under the ADA, followed by the FMLA update providing extensive practical guidance on many issues including important coverage and eligibility issues, DOL’s enforcement measures and how they might change with the new Administration, how much information is required in intermittent absence cases, whether employers can still designate FMLA-qualifying leave if the employee refuses, pitfalls of allowing an employee to work on leave, fraudulent use of leave and the honest belief defense, the meaning of “equivalent position,” and the risks of eliminating the job of an employee on FMLA leave. We discussed best practices in managing the medical certification process, including how to handle an employee whose return date is “unknown,” returning an employee to work when the employer disagrees with the doctor’s fitness for duty certification, how to effectively utilize recertifications when there is suspected intermittent leave abuse, and whether/how an employer can require a medical exam upon return to work. Discussion of the most critical overlap issues between the ADA, FMLA and other leave laws will round out the program.

The chapter headings below reflect the agenda of this important annual program. We are grateful to our distinguished panel of faculty members for their contributions to this newly revised course manual.

Chapter Headings:

  • Update on the Definition of “Disability”
  • Developments on Whether an Individual is “Qualified”
  • Practical “Reasonable Accommodation” Issues
  • Enforcing Conduct Rules
  • EEOC Documents: Selected Recent Cases - ADA Amendments Act; GINA Settlements and What You Should Know; Q&A re: Final Rule on GINA; Roster of Key Disability-Related Documents
  • Requesting Medical Information Under the ADA
  • Update on Complex FMLA Issues

This Manual is available for shipment and download. After August 1st, please contact NELI at to check on the availability of the print version.

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