WEBVTT 00:00:06.711 --> 00:00:09.601 There's a woman on my team that has been having chemo. 00:00:09.626 --> 00:00:14.261 And she requested a reduced work schedule under the FMLA, which is fine. 00:00:14.373 --> 00:00:18.942 But now she's asking that, under the ADA, that the reduced schedule be continued for a year 00:00:18.943 --> 00:00:24.929 because of the on going effects of the treatment. I mean, can she do that? 00:00:25.900 --> 00:00:29.173 One of the biggest issues that I've seen managers struggle with 00:00:29.198 --> 00:00:32.973 is the requirement to give reduced schedules or intermittent leave, 00:00:32.998 --> 00:00:35.645 especially in the case of chronic conditions, 00:00:35.670 --> 00:00:40.917 and how that may relate to the Americans with Disabilities Act or ADA. 00:00:41.072 --> 00:00:46.812 A serious health condition or disability may require an employee to work a reduced schedule. 00:00:46.867 --> 00:00:52.631 For example, someone undergoing dialysis might have to schedule one day off a week. 00:00:52.720 --> 00:00:57.446 That one is relatively easy because at least you know in advance the day to be taken off. 00:00:57.561 --> 00:01:01.705 And the employee must make a reasonable effort to schedule the treatment 00:01:01.730 --> 00:01:04.124 so it’s not unduly disruptive. 00:01:04.180 --> 00:01:07.296 If Saturday or after-work appointments are available, 00:01:07.383 --> 00:01:12.061 HR may be able to require the employee to schedule at those times. 00:01:12.191 --> 00:01:16.487 One of my clients had a different situation – a customer service employee 00:01:16.512 --> 00:01:21.731 with asthma that could flare up at any time. The employee took off a day here, 00:01:21.756 --> 00:01:26.993 two or three days there, usually calling in an hour or so before her shift started. 00:01:27.018 --> 00:01:34.527 That’s called intermittent leave. The problem was, all told, she took off almost 6 weeks a year. 00:01:34.552 --> 00:01:38.936 You can bet the other employees were upset because they had to cover for her. 00:01:38.992 --> 00:01:41.830 But it didn’t matter as far as the law is concerned. 00:01:41.862 --> 00:01:46.168 The FMLA guarantees time off in these situations. 00:01:46.426 --> 00:01:54.348 Both the FMLA and the ADA may require you to give reduced schedules or intermittent leaves, 00:01:54.432 --> 00:01:57.369 but the amount of time required varies. 00:01:57.591 --> 00:02:03.787 In the case of FMLA for a serious health condition, the limit is 12 weeks per year. 00:02:03.925 --> 00:02:09.820 But keep in mind that could work out to about one day off a week, year after year. 00:02:09.964 --> 00:02:13.937 A person with a disability must be given even more time off 00:02:14.018 --> 00:02:18.305 if that would not create an undue hardship on the organization. 00:02:18.424 --> 00:02:23.574 Again, this is a decision to be made by HR, but just keep in mind, 00:02:23.599 --> 00:02:29.251 you may need to accommodate employees who request reduced schedules or intermittent leaves. 00:02:29.315 --> 00:02:35.958 The other big area that FMLA applies to is the military service of an employee’s family member. 00:02:36.050 --> 00:02:39.975 If the service member is called for or is on foreign deployment, 00:02:40.055 --> 00:02:44.086 the employee might have to take time off to make child care arrangements, 00:02:44.126 --> 00:02:46.781 attend military ceremonies and briefings; 00:02:46.837 --> 00:02:52.053 spend time with the military member on Rest and Recuperation leave; and so on. 00:02:52.181 --> 00:02:56.608 The employee can take off up to 12 weeks FMLA leave for that. 00:02:56.640 --> 00:03:03.092 If tragedy should strike and the employee’s military family member has a serious injury or illness, 00:03:03.156 --> 00:03:07.519 the employee can take off up to 26 weeks leave per year. 00:03:07.566 --> 00:03:13.673 Again, either of these military related leaves can be taken as one continuous leave, 00:03:13.781 --> 00:03:17.746 as a reduced working schedule, or as intermittent leave. 00:03:17.794 --> 00:03:20.984 And of course, you still need to get HR involved. 00:03:21.072 --> 00:03:26.172 But it’s nice to know that the law gives you this opportunity to help support our troops.