ERIC Number: ED378696
Record Type: Non-Journal
Publication Date: 1994-Nov
Pages: 15
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
The Americans with Disabilities Act and Family and Medical Leave Act: Legal Requirements, Negotiations and Policy Considerations.
Juengart, Laurie S.
The Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) are two major pieces of social legislation that impact private and public employers, including school districts. Public school employers must have thorough awareness of the legal requirements of both laws and must analyze the ways in which those requirements interface with collective-bargaining obligations. This document describes legal requirements, negotiations, and policy considerations that are impacted by the two laws. The first section discusses how to successfully integrate the ADA with the legal duties associated with the collective-bargaining process. It examines the extent to which collective-bargaining-agreement requirements pose an undue hardship and describes how to avoid direct bargaining charges. A sample ADA provision is included. The second section presents information on the key aspects of the Family and Medical Leave Act and provides a framework for developing district proposals and/or policies. The major provisions of the FMLA are described. The third section discusses issues in negotiating family-care leave, which include coordinating FMLA leave with existing leave provisions in collective bargaining agreements, creating notice and certification requirements, and responding to requests to extend the benefits afforded under state or federal law. (LMI)
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Family and Medical Leave Act 1993
Grant or Contract Numbers: N/A