ADALink ADA/ADAAA Accommodation, Administration and Compliance Software

ADA/ADAAA Accommodation Software

When the ADA Amendments Act (ADAAA) was finalized, it expanded the definition of disability under the Americans with Disabilities Act (ADA). This is a significant piece of legislation, as more employees will now be considered disabled and, therefore, eligible for an accommodation and protected from discrimination. To help organizations comply with the ADA/ADAAA, Absentys has developed ADALink®, a 100% web-deployed software application that helps guide employers through the complex ADA/ADAAA accommodation interactive process.

Facts About the Expanded ADA/ADAAA

Facts About the Expanded ADA/ADAAA

Under the ADA/ADAAA, any employee with a physical or mental impairment that substantially limits a major life activity (which now includes major bodily functions, systems or organs), even temporarily, is "disabled."

Employers cannot automatically terminate disabled employees because they exhaust or are not eligible for FMLA leave.
Automatic disabilities include health conditions such as Epilepsy, HIV, Multiple Sclerosis, Bipolar Disorder, Obsessive Compulsive Disorder, Autism, Cancer, Cerebral Palsy, Post Traumatic Stress Disorder and Diabetes.
One of the fastest growing types of accommodation is leave of absence under the ADA/ADAAA.
Employers are required to engage in an interactive process in order to determine effective accommodations for qualified individuals with disabilities.
Automates the Interactive Process

Automates the Interactive Process

Through the interactive process, the employer collects information and has a dialogue with the employee, managers, and possibly health care providers to answer the following questions:

Does the employee have a disabling condition under the ADA/ADAAA?
What are the employee's essential job functions?
What is the specific nature of the needed accommodation?
Can the accommodation reasonably be provided?
What follow-ups are necessary to determine if the accommodation was successful?
FMLA and ADA/ADAAA Differences

FMLA and ADA/ADAAA Differences

The ADA/ADAAA does not have a specified leave entitlement duration; how much leave is "reasonable" must be determined on a case-by-case basis.

Accommodation under the ADA/ADAAA is not automatic; employees must engage in, and cooperate with, the interactive process.
The ADA/ADAAA often requires more analysis than the FMLA, both as to the nature of the disabling condition and the options for accommodation. Under the FMLA, the only option is leave.
The ADA/ADAAA allows employers to interact with their employees' healthcare providers to gain insight into potentially disabling conditions as well as possible accommodation options.
The ADA/ADAAA does not have pre-defined forms or turnaround timeframes. The ADA/ADAAA relates only to accommodating the employee's own disabling condition; it does not involve providing care for a family member, even if that family member is disabled.
Employers with 15 or more employees must comply with the ADA/ADAAA. The ADA/ADAAA does not require employees to work a specified number of months or hours to be eligible for a workplace accommodation.


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