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ADA and FMLA Compliance and Counseling

Spencer Fane Labor and Employment attorneys provide proactive counsel to business owners, in-house counsel, and Human Resources representatives at companies of any size on proper compliance with the Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA), helping employers minimize the potential for related litigation that could be detrimental to operations and reputation.

We work directly with clients to help them understand and comply with these important employment statutes. Drawing on our extensive experience, we quickly act, respond, and advise when these issues arise.

Our training programs regarding FMLA and ADA compliance provide HR professionals and other leaders with the basic knowledge of how to identify and respond to related claims. We underscore the importance of responding to requests, processing those requests efficiently, obtaining required medical documentation, communicating with employees, offering accommodations, and setting expectations. We also educate clients on reducing potential FMLA abuse, as well as handling abuses and addressing performance issues that arise in these instances.

Our attorneys help clients respond to scenarios involving overlapping FMLA and ADA needs, and help them document why the company has chosen a certain accommodation for the employee. Additionally, we review company policies and provide advice on best practices and policies that promote compliance. We also help clients draft forms and processes that allow HR departments to efficiently compile the information needed to appropriately document and respond to claims.

When requests claims do arise, we work with clients to handle specific and occasionally complex requests, determine reasonable amounts of leave, and identify accommodations that work for both the organization and the employee. Our attorneys can also conduct training for employees of all levels at an organization to inform them of their rights related to FMLA and ADA.