Just because your company is not subject to FMLA because of its size (less than 50 employees within a 75-mile radius), that doesn’t automatically mean you will not be required by law to provide some types of medical leaves. If you have 15 or more employees, the “reasonable accommodation” provision in the Americans with Disabilities Act (ADA) may dictate that you provide unpaid leaves in certain situations. For example, a diabetic employee may have periodic insulin imbalances that require medical attention and absence from work. Or an employee diagnosed with cancer may need to miss a few days’ work for treatment several times during the year. Depending on the circumstances, particularly the length/frequency of the absences and the medical condition involved, it may be a “reasonable accommodation” to excuse these absences, even if the employee has no sick time/PTO available.
Employment decisions involving employees with medical conditions are often complex and a variety of issues must be considered. Management 2000, a Professional Employer Organization, has the HR management tools to assist employers with these difficult decisions and keep them in compliance with the ADA as well as the multitude of other federal, state and local employment laws.
For more information about how the HR professionals at Management 2000 can help resolve human resource issues, call (317) 549-2000 or log on to www.management2000.com.
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