Monthly Compliance – November

If you’re in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you’re equipped with the right information to keep everything on track throughout the year, from ADA to FLSA.

That’s why we put together the HR Compliance Calendar, to bring you an important list of dates and deadlines you need to know to keep your workplace on track.

In this month’s compliance calendar, you’ll find the key topics to keep your Company up-to-date including employee awareness and required or recommended training.

New: Monthly Compliance Webinars

A monthly webinar with a Compliance Consultant to guide you through HR compliance tasks and topics. Reach out to your dedicated HR Manager to find out how to register for the Monthly Compliance Calendar Webinar!

Holidays

• Veteran’s Day – November 11^th
• Thanksgiving Day – Fourth Thursday in November

Important Dates and Deadlines for this Month

November 2

• Daylight Savings Time Ends

Topics to Discuss and/or Review

1. Review the Company's ADA Reasonable Accommodation Policy and procedures. For clients with access to the Forms Library, references to this section can be found in the folder "Americans with Disabilities Act (ADA)."
   • Does the Company have a written reasonable accommodation policy that complies with federal and state requirements?
   • Is the policy accessible to all employees and easily understood?
   • Does the policy explain how employees can request accommodations?
   • Are managers and supervisors trained on their role in the accommodation process?
   • Does the policy include information about the interactive process and timelines for responding to requests?
   • Review whether the policy addresses temporary disabilities, pregnancy-related accommodations, and disabilities arising from workplace injuries.

2. Review timelines for responding to accommodation requests and ensure compliance with federal guidance.
   • While the ADA does not specify an exact deadline, the EEOC requires employers to respond to accommodation requests in a timely manner without unnecessary delays.
   • Federal guidance recommends acknowledging requests within 3 business days and providing a final decision within 30 business days, barring extenuating circumstances.
   • Ensure all accommodation requests are documented with dates received, dates of acknowledgment, and dates of final decisions.

3. Conduct training for managers, supervisors, and HR personnel on the ADA interactive process. For clients with access to the client portal, check out the available ADA training such as “ADA an Overview”, “ADA: Managing an Employee With a Disability”, “Disability Laws: The ADA”
   • Train supervisors on how to recognize accommodation requests, including informal requests that may not use the words "ADA" or "accommodation."
   • Review the steps of the interactive process: receiving the request, gathering information, exploring accommodation options, selecting and implementing accommodations, and following up.
   • Discuss confidentiality requirements for medical information obtained during the accommodation process.
   • Train managers on how to avoid retaliation and ensure employees are not harassed or discriminated against for requesting accommodations.

2. Review medical documentation requirements and processes for obtaining medical information. For clients with access to the Forms Library, references to this section can be found in the folder "Americans with Disabilities Act (ADA) > “Certifications, Requests, Letters, Forms."
   • Determine when medical certification is required to substantiate a disability and the need for accommodation.
   • Review medical certification forms to ensure they request only job-related and necessary information.
   • Ensure that medical information is kept confidential and stored separately from personnel files.
   • Develop procedures for situations where employees do not provide sufficient medical documentation in a timely manner.

3. Review the Company's process for evaluating reasonable accommodation options. For clients with access to the Forms Library, references to this section can be found in the folder "Americans with Disabilities Act (ADA) > “Interactive Process and Reasonable Accommodation”
   • Review procedures for identifying effective accommodations through the interactive process.
   • Ensure the Company considers the employee's preferences and input when selecting accommodations.
   • Review documentation for analyzing undue hardship, including financial considerations, impact on operations, and effects on other employees.
   • Confirm that the Company is not required to provide the employee's preferred accommodation if an alternative effective accommodation is available.

4. Review the relationship between ADA accommodations and other leave laws. For clients with access to the Forms Library, see the document, “How to Handle the Interaction of the FMLA, ADA and Workers' Compensation Laws” in the “Workers’ Compensation” Folder.
   • Understand that leave may be a reasonable accommodation under the ADA, even when FMLA leave has been exhausted.
   • Review policies to ensure that employees are not denied ADA accommodations simply because they have used other leave entitlements.
   • Clarify how the Company coordinates ADA leave with FMLA, state family and medical leave, workers' compensation, and paid sick leave.
   • Ensure that the interactive process is initiated when an employee's need for leave may be related to a disability.
   • Recognize that work-related injuries may qualify as disabilities under the ADA and trigger accommodation obligations.
   • Ensure that return-to-work procedures include an evaluation of reasonable accommodations.
   • Review fitness-for-duty policies to ensure they do not conflict with ADA obligations.
   • Train supervisors to engage in the interactive process when an employee returns from workers' compensation leave with restrictions.

5. Review accommodation documentation and recordkeeping practices.
   • Ensure all accommodation requests, communications, medical documentation, and decisions are properly documented.
   • Maintain confidential records separately from general personnel files.
   • Track accommodation timelines to ensure compliance with response and implementation deadlines.
   • Periodically review closed accommodation cases to ensure accommodations remain effective and appropriate.

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7.

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators and/or your ERISA and tax advisors for further guidance.

For the most current information on certain tax-related or benefit-related documents or forms provided by the IRS, or other sources, please check with a tax professional, benefit professional and/or the correlating websites (i.e. irs.gov/LatestForms, etc.).