Employers face a host of compliance challenges under local, state and federal laws when an employee is suffering from a physical or mental condition that takes them out of work, or a medical condition that affects a family member that the employee cares for. The alphabet soup of employment law obligations that might apply is seemingly never-ending; the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and, in New York, the New York Paid Family Leave, the Short-Term Disability Law, the Workers’ Compensation Law, the New York State Paid Sick Leave Law, the Human Rights Law, the New York City Human Rights Law and the New York City Paid Sick Leave.
Keeping all these laws “in check” can be overwhelming for business owners.
Initially, it is important for first-line supervisors to recognize the buzz words and situations that might trigger the employer’s obligation to respond under any of these laws. Some of the laws specifically apply if the employee has a medical condition that might require leave from work or an accommodation in the workplace that would allow the employee to perform their job, without causing an undue burden on the employer.
Other laws only apply if the employee is healthy, but they need time off from work (continuous or intermittent) or they need an in-work adjustment that would allow the employee to take time off or work flexibly in order to care for another family member who is suffering from a medical condition that requires the...
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