Employers Miss Half of FMLA Health Cases that Need ADA Review, According to ComPsych Report

News provided by

ComPsych

Jun 24, 2014, 08:00 ET

CHICAGO, June 24, 2014 /PRNewswire/ -- Employers are missing half of Family and Medical Leave Act cases for an employee's serious health condition that need review for Americans with Disabilities Act eligibility, according to a new ComPsych® report. The report analyzed ADA risk by industry, and also identified the top three mistakes that employers make with regard to the ADA.

"There is a significant number of cases that need ADA review but are going unrecognized," said Matt Morris, a VP and licensed attorney at ComPsych. "A common mistake employers make is to deem an FMLA leave request as ineligible, then not review it for ADA purposes. And the potential consequences can be severe since one ADA misstep can lead to an investigation of the employers' entire leave practices. Hence the rash of recent ADA class-action lawsuits by the EEOC."

ComPsych AbsenceResourcesSM, a program that administers both ADA and FMLA leave, compiled a report based on a year's worth of experience and data in administering ADA leave. The report found that retail customers had the highest rate of exposure to ADA risk, followed by health services, manufacturing and public administration.

To receive the full report or to use the ADA Risk Calculator, which estimates cost of exposure based on employer type, send an email to [email protected].

ComPsych AbsenceResources uses an expert-guided process to help employers make sound decisions on ADA leaves, while also handling the complexities of FMLA leave.

The solution includes:

  • Clear, documented processes for following EEOC and ADA requirements
  • Proactive identification of FMLA absences and other applicable leaves that may require ADA analysis
  • Collaborative, guided process to help the employer make compliant decisions
  • Secure recording and tracking of all employee requests and individual leaves
  • Standard ADA-compliant communications
  • Utilization reports of employees on leave, frequency of leaves and status updates

About ComPsych

ComPsych® Corporation is the world's largest provider of employee assistance programs (EAP) and is the pioneer and worldwide leader of fully integrated EAP, behavioral health, wellness, work-life, HR, FMLA and absence management services under its GuidanceResources® brand. ComPsych provides services to more than 23,000 organizations covering more than 62 million individuals throughout the U.S. and over 120 countries. By creating "Build-to-Suit" programs, ComPsych helps employers attract and retain employees, increase employee productivity and improve overall health and well-being. For more information, visit www.compsych.com.

SOURCE ComPsych