The Americans with Disabilities Act (ADA) defines a disabled person as:
- Having a limiting impairment that is substantial
- Having a record of limiting impairment that is substantial
- Having a physical or mental impairment that limits a major life function, and is substantial
If you have an employee that is injured and fits into one or more of these three categories, they have additional rights underADA. That does not automatically mean the Workers Comp claim is eliminated – only that two or more programs may cover their injuries. This Act applies to employers with 15 or more employees. The ADA has a variety of regulations that should be followed concerning these rights, including that the employer is required to provide reasonable accommodation for the employee to return to work, or continue working, in some other aspect of the company, should they decide to return to work and are no longer able to fulfill the requirements of their position prior to their leave. An employer is not allowed to fire an employee for no longer being able to perform their original duties.
Employers are required to provide notification 30 days in advance by certified mail that explains the reasonable accommodation requirement for the employee. The circumstances of the situation govern the definition of reasonable accommodation, which in some cases, could include the extension of the leave period. Prior to theADA, employers who had policies that included a maximum leave-of-absence, notification of termination was issued when the leave policy ended.
