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ADA and FMLA in an Employee Handbook

Restaurant OwnerRestaurant Owner 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Our company is creating an employee handbook. A question has come up regarding ADA and FMLA. Is the employer required to include ADA separately from FMLA in the employee handbook as separate sections?
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  • Don DDon D 9,834 Posts
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    I don't know that you are REQUIRED to cover either in your handbook. Federal and state laws require that some (many) things be posted. We also thoroughly discuss the FMLA procedures and policy in our handbooks and include the ADA language in our EEO statements and policy signed by the Chairman/CEO. Don't know about Oregon laws; but, the feds require you to post things like: OSHA, Federal Polygraph Protection Act Notice, FMLA, Minimum Wage, EEO, and in cases where applicaple; Davis-Bacon Act and Walsh-Healy. Most, if not all, "Consolidated EEO Posters" also include the required statements about Vietnam Era Readjustment, Rehab Act, Exec Order 11246, Equal Pay Act, Civil Rights, ADA and ADEA. There are some Spanish requirements also. I don't know of a regulation, state or federal that would require you to cover any or all of these again in a handbook; however, mention of them does help educate and also helps with your defense in lots of situations.
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  • SystemSystem 5,885 Posts
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    I'm pretty sure that you don't have to put ADA in a handbook unless it's required by a government contract, affirmative action plan, etc. If you choose to put it in there, I imagine you could combine it with FMLA, sick leave, or whatever you want. Posters, as Don D said, are a whole 'nuther story.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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