The Americans with Disabilities Act provides protection to qualified individuals with disabilities who are able to perform the essential functions of the job with or without a reasonable accommodation. The Act applies to applicants for employment as well as to employees. It applies to employers with 15 or more employees.
A “disability” is defined as a physical or mental impairment that substantially limits a major life activity that the average person can perform, or having a record of such an impairment, or being “regarded as” having such an impairment. The ADA is important to consider in dealing with employee leave, because additional leave (past the 12 weeks provided for by the FMLA) may be considered a reasonable accommodation. This often comes up when an employee asks for intermittent leave as an accommodation.
Either intermittent or extended leave may be considered a “reasonable accommodation” that, depending on the circumstances, an employer may be obligated to provide absent a showing of undue hardship. Undue hardship is defined as any action that is too costly, substantial or disruptive, or that fundamentally alters the nature of the business. Under appropriate circumstances, leave may be of greater duration than under the FMLA, but there is no requirement in the ADA that leave as an accommodation be for an indefinite period. However, unlike the FMLA, there are no length of service requirements 170 to be eligible for leave under the ADA. For example, an employee who has been with your company for only 6 weeks may be entitled to leave under the ADA as a “reasonable accommodation,” even though the same employee would be ineligible for leave under the FMLA.
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atp
2007-03-24 04:58:14
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answer #1
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answered by Anonymous
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Go to Google
Type in: "Find Americans with Disabilities Act."
Hit "Search key"
You will bring up a list of sources
Scroll first to
"LD OnLine :: The Americans With Disabilities Act. if you decide to use the Americans with Disabilities Act to obtain your rights ... with learning disabilities, attention deficit disorder, and dyslexia find ... " (about the sixth down)
There you will find a general outline.
Visit other sites there also.
2007-03-22 11:14:32
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answer #2
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answered by rare2findd 6
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