The Disability Management Employer Coalition (DMEC) recently held its annual FMLA/ADA Employer Compliance Conference in Pittsburgh, Pennsylvania. Being an ADA/FMLA geek, I always enjoy this event and believe it ranks among the top educational opportunities for those involved in absence and disability management. The Compliance Conference offers employers an opportunity to learn about compliance strategies and practical approaches for implementing the myriad of federal and state leave and disability employment laws. Of course, FMLA and ADA take center-stage at this event so many of the speakers are government officials from relevant policy and enforcement agencies like the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC); labor and employment law attorneys; and leave and disability management experts from across the nation.
I appreciate the format of the Compliance Conference, in that, it kicks-off with general sessions offered the entire first day and the morning of the second day. Why is this a smart educational strategy? Offering general sessions for all participants to attend insures that everyone has the opportunity to be informed about compliance updates together without having to pick and choose which sessions to attend based on interests or professional needs. And, unlike many conferences where general sessions are often rather “fluffy,” the general sessions offered during this year’s conference were robust. Practical information was offered by experts who shared examples of court decisions that illustrate recent compliance developments, top challenges for employers in leave and accommodation administration and tools to support these efforts, industry best practices, ways to avoid lawsuits, and strategies for engaging in the interactive process.
This year, a new FMLA compliance assistance guide was announced during one of the general sessions. Helen Applewhaite, Branch Chief, Branch of FMLA and Other Labor Standards, Wage and Hour Division, U.S. DOL, announced that they have released an Employer’s Guide to the Family and Medical Leave Act. Employers have long-awaited a guide of this kind to answer common FMLA questions and clarify responsibilities and protections. This guide offers a road map that begins with an employee’s leave request and guides employers from granting leave to restoring the employee to the same or an equivalent position at the end of the leave period. It addresses many complicated FMLA requirements in a practical manner that includes “Did you know?” tips for compliance.
In addition to the new Employer’s Guide, DOL recently issued a new General Notice FMLA poster. All FMLA-covered employers are required to display a DOL poster summarizing the major provisions of the FMLA. Employers are not required to replace their current poster with the new version, but the new version highlights information regarding employees’ rights and employers’ obligations in a more reader-friendly format.
JAN does not offer detailed technical assistance on the FMLA. However, FMLA and ADA issues often overlap, and so, JAN consultants do address some of the more common FMLA issues and refer customers to DOL and other relevant resources for detailed technical assistance. JAN offers a number of FMLA-related resources on our Website, in our A-Z of Disabilities and Accommodations section, under the topic of Family and Medical Leave Act, including the new Employer’s Guide and also DOL’s Employee’s Guide to the Family and Medical Leave Act.