In the News: Darrick McDuffie and Kristin Titley Highlight the Top Five Priorities for HR Leaders Regarding FMLA and ADA Compliance for HR Executive  

Constangy attorneys Darrick McDuffie and Kristin Titley co-authored an article for HR Executive discussing the top five priorities for HR leaders regarding FMLA and ADA compliance.

Darrick and Kristin noted that the challenge is building practical, repeatable, and defensible approaches for handling leave and accommodation requests, as well as attendance concerns, not just understanding the legal framework. They identified five common priorities that deserve particular attention, including remembering that FMLA and ADA may overlap, but they do not serve the same purpose. Darrick and Kristin also recommended treating the ADA interactive process as a business-critical process, not a formality. Employers would benefit from revisiting leave and return-to-work policies for hidden ADA risk and documenting the entire process as carefully as the ultimate decision as well. Overall, when the trigger is close, err on the side of analyzing FMLA and ADA obligations.

“The takeaway is straightforward: A thoughtful, thorough and documented decision-making process is not just a compliance ideal. It is the most effective risk-management strategy,” said Darrick and Kristin. “HR functions that build disciplined processes around communication, flexibility and documentation are better positioned to manage employee needs while protecting the organization.”

To view the full article, click here.