Veolia
Transportation
ADA – Changing Lanes
Presenters: Lynette Patterson & Anna Hernandez
Overview of
Veolia
Transportation
Our Vision
Better Mobility Means Better Lives
Transdev – Worldwide
Our Parent Company
Leading private sector operator in 21 countries on 5 continents
48,000 Vehicles and over 95,000 Employees
A leader widely recognized for its expertise and long-term client
relationships
Provides broad multi-modal experience, a personalized and
customer-centric approach, and a mastery of digital technologies
Who Owns Transdev?
50%
Veolia Environnement:
A leading global
environmental company
April 9, 2015
50%
Caisse des Depots:
A highly respected French financial
institution, a long term investor in
projects for the public interest
3
Veolia Transportation
U.S. and Canada
Operate 200 contracts in 130 locations
Largest contracted bus operations in
the U.S. – Nassau County (Long Island),
Phoenix
Largest contracted U.S. commuter rail
operations – Boston, others in Miami &
San Diego
Plus other Fixed, Paratransit and On
Demand services in: Los Angeles,
Denver, Toronto, Montreal, Baltimore,
Dallas, Washington, DC, New Orleans
Local teams committed to their clients
and communities
Supported by expertise from corporate and
regional teams
April 9, 2015
4
North American Operations
17,000 Employees
April 9, 2015
5
Delivering Both Quality &
Efficiency to Clients
Proprietary Technology Delivers
Superior Performance
Safety First.
Service Always.
Our Values -- We CARE
April 9, 2015
6
CHANGING LANES
ADA, CA Leave Laws, FMLA and Worker’s
Compensation
Intent Of The Presentation
Inform Transit Professionals on the legal consequences surrounding California Leave Laws,
Federal Family Medical Leave Act (“FMLA”) and the Americans With Disabilities Act (“ADA”)
The important role of Human Resources and the Professional Manager managing Leaves
and ADA related issues and their understanding of laws, policies and practices to ensure
compliance.
Understand the basic interplay between CFRA/FMLA/ADA/Worker’s Compensation and
Disability.
Remember

Know your company’s/agency’s policy

You may have rules that are more employee friendly than the concepts we discuss today.

They SHOULD NOT, however, be less favorable to the employee. If they are, you are likely
violating part of the FMLA/CFRA or other laws.
The information being presented is not a legal advice. Please consult with your
own legal counsel when making employment related decisions.
Family Medical Leave Act
California Family
Rights Act
Worker’s
Compensation
1
April 9, 2015
Family Medical Leave Act
10
FMLA – Covered Employers
The FMLA only applies to employers that meet certain criteria. A covered
employer is a:

Private-sector employer, with 50 or more employees in 20 or more workweeks in
the current or preceding calendar year, including a joint employer or successor in
interest to a covered employer;

Public agency, including a local, state, or Federal government agency, regardless of
the number of employees it employs; or

Public or private elementary or secondary school, regardless of the number of
employees it employs.
April 9, 2015
11
FMLA - Eligibility
Only eligible employees are entitled to take FMLA leave. An eligible
employee is one who:
Works for a covered employer;
Has worked for the employer for at least 12 months;
Has at least 1,250 hours of service for the employer during the 12 month
period immediately preceding the leave*; and
Works at a location where the employer has at least 50 employees within 75
miles.
April 9, 2015
12
FMLA – Leave Entitlement
Eligible employees may take up to 12 workweeks of leave in a 12-month period for
one or more of the following reasons:
The birth of a son or daughter or placement of a son or daughter with the
employee for adoption or foster care;
To care for a spouse, son, daughter, or parent who has a serious health
condition;
For a serious health condition that makes the employee unable to perform the
essential functions of his or her job; or
For any qualifying exigency arising out of the fact that a spouse, son, daughter,
or parent is a military member on covered active duty or call to covered active
duty status.
An eligible employee may also take up to 26 workweeks of leave during a
"single 12-month period" to care for a covered servicemember with a serious
injury or illness, when the employee is the spouse, son, daughter, parent, or next
of kin of the servicemember. The "single 12-month period" for military caregiver
leave is different from the 12-month period used for other FMLA leave reasons.
April 9, 2015
13
FMLA – Notice by Employee
Employees must comply with their employer’s usual and customary
requirements for requesting leave and provide enough information for their
employer to reasonably determine whether the FMLA may apply to the leave
request. Employees generally must request leave 30 days in advance when
the need for leave is foreseeable. When the need for leave is foreseeable
less than 30 days in advance or is unforeseeable, employees must provide
notice as soon as possible and practicable under the circumstances.
When an employee seeks leave for a FMLA-qualifying reason for the first
time, the employee need not expressly assert FMLA rights or even mention
the FMLA. If an employee later requests additional leave for the same
qualifying condition, the employee must specifically reference either the
qualifying reason for leave or the need for FMLA leave. See Fact Sheet 28E:
Employee Notice Requirements under the FMLA .
April 9, 2015
14
FMLA – Notice by Employer
Covered employers must:
Post a notice explaining rights and responsibilities under the FMLA (and may
be subject to a civil money penalty of up to $110 for willful failure to post);
Include information about the FMLA in their employee handbooks or provide
information to new employees upon hire;
When an employee requests FMLA leave or the employer acquires
knowledge that leave may be for a FMLA-qualifying reason, provide the
employee with notice concerning his or her eligibility for FMLA leave and his
or her rights and responsibilities under the FMLA; and
Notify employees whether leave is designated as FMLA leave and the
amount of leave that will be deducted from the employee’s FMLA entitlement.
April 9, 2015
15
FMLA - Certification
When an employee requests FMLA leave due to his or her own serious
health condition or a covered family member’s serious health condition, the
employer may require certification in support of the leave from a health care
provider. An employer may also require second or third medical opinions (at
the employer’s expense) and periodic recertification of a serious health
condition. See Fact Sheet 28G: Certification of a Serious Health Condition
under the FMLA. For information on certification requirements for military
family leave, See Fact Sheet 28M(c): Qualifying Exigency Leave under the
FMLA; Fact Sheet 28M(a): Military Caregiver Leave for a Current
Servicemember under the FMLA; and Fact Sheet 28M(b): Military Caregiver
Leave for a Veteran under the FMLA.
April 9, 2015
16
FMLA – Job Restoration & Health Benefits
Upon return from FMLA leave, an employee must be restored to his or her
original job or to an equivalent job with equivalent pay, benefits, and other
terms and conditions of employment. An employee’s use of FMLA leave
cannot be counted against the employee under a “no-fault” attendance
policy. Employers are also required to continue group health insurance
coverage for an employee on FMLA leave under the same terms and
conditions as if the employee had not taken leave.
April 9, 2015
17
FMLA - Fact Sheet
http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
April 9, 2015
18
2
April 9, 2015
California Family Rights Act
19
CFRA
The California Family Rights Act (CFRA) (Gov. Code, § 12945.2) was established
to ensure secure leave rights for the following:

Birth of a child for purposes of bonding

Placement of a child in the employee's family for adoption or foster care

For the serious health condition of the employee's child, parent or spouse

For the employee's own serious health condition

In most cases, CFRA will run concurrent with FMLA
Employers covered under CFRA

Employers subject to CFRA are those who do business in California and employ 50 or
more part-time or full-time employees, including non-profit religious organizations.
Covered employers also include the State of California and any of its political and civil
subdivisions, and cities and counties, regardless of the number of employees.

Requirements employee must satisfy to be eligible to take a CFRA leave. To be eligible
for CFRA leave, an employee must be either a full-time or part-time employee working in
California, have more than 12 months (52 weeks) of service with the employer, have
worked at least 1,250 hours in the 12-month period before the date the leave begins, and
work at a location in which the employer has at least 50 employees within 75 miles
radius of the employee's work site.
April 9, 2015
20
CFRA
Reinstatement

An employer must reinstate the employee at the end of his/her CFRA leave
Notification

An employee must give advance notice if he/she wants to take a CFRA leave

An employer must inform employees of notice requirements
Benefits

An employer must continue health care coverage for employees during their CFRA
leave

An employer must continue other benefits during an employee's CFRA leave

More information on CFRA:
http://www.dfeh.ca.gov/Publications_CFRADefined.htm
April 9, 2015
21
CFRA – Notice B
April 9, 2015
22
3
April 9, 2015
Worker’s Compensation
23
Worker’s Compensation
Employees are entitled to receive prompt, effective medical treatment for onthe-job injuries or illnesses no matter who is at fault and, in return, are
prevented from suing employers over those injuries.
California employers are required by law to have workers' compensation
insurance, even if they have only one employee.
Workers' comp insurance provides six basic benefits:

Medical care

Temporary disability benefits & Permanent disability benefits

Supplemental job displacement benefits or vocational rehabilitation and death
benefits
April 9, 2015
24
Worker’s Compensation - Notification
Time of Hire Pamphlet

This pamphlet, or a similar one that
has been approved by the
Administrative Director, must be
given to all newly hired employees in
the State of California.

http://www.dir.ca.gov/DWC/DWCPa
mphlets/TimeOfHirePamphlet.pdf
April 9, 2015
25
4
April 9, 2015
California Protected Leaves of
Absence
26
CA Leaves of Absence
Leave
California Family Rights Act
Pregnancy Disability Leave
Paid Family Leave
Organ Donor & Bone Marrow Donor
Crime Victims Leave
Domestic Violence, Sexual Assault, Victims of
Stalking
Jury or Witness Duty Leave
School Activities Leave
School Appearance
Volunteer Civil Service Leave
Voting Leave
Eligibility
Time Alloted
Paid
1 yr and 1250 hours
12 weeks
No
Upon Hire
17 & 1/3 weeks
No
Many factors (determined by ST)
Up to 6 weeks
Yes
Donate Organ or Bone Marrow
30 days
Yes
Judicial Proceedings
Varies
No
Restraining order, medical treatment
Varies/Reasonable Accomodations
No
Jury/Witness
Varies
No
School activities
40 hours per year
No
Discipline
Firefighters or other emergency
personnel
Varies
No
14 days per year
No
All - posting required
2 hours
Yes
5
April 9, 2015
American’s with Disabilities Act
28
What is the AMERICANS WITH DISABILITIES ACT?
The ADA prohibits discrimination on the basis of disability in employment,
State and local government, public accommodations, commercial facilities,
transportation, and telecommunications.
Who is protected?
To be protected by the ADA, one must have a disability or
have a relationship or association with an individual with a
disability.
An individual with a disability is defined by the ADA as a
person who has a physical or mental impairment that
substantially limits one or more major life activities, a
person who has a history or record of such an impairment,
or a person who is perceived by others as having such an
impairment.
The ADA does not specifically name all of the impairments
that are covered.
What is a major life activity?
Under the ADA, you have a disability if you have a
physical or mental impairment that substantially
limits a major life activity such as:
Hearing
 Seeing
 Speaking
 Thinking
 Walking
 Breathing
 Performing manual tasks.

You must also be able to do the job you want or
were hired to do, with or without reasonable
accommodation.
What is a “reasonable accommodation?”
A reasonable accommodation is any change or adjustment
to a job, the work environment, or the way things usually
are done that would allow you to apply for a job, perform job
functions, or enjoy equal access to benefits available to
other individuals in the workplace. Some of the most
common types of accommodations include:






physical changes, such as installing a ramp or modifying a
workspace or restroom;
sign language interpreters for people who are deaf or readers for
people who are blind;
providing a quieter workspace or making other changes to reduce
noisy distractions for someone with a mental disability;
training and other written materials in an accessible format, such as
in Braille, on audio tape, or on computer disk;
TTYs for use with telephones by people who are deaf, and hardware
and software that make computers accessible to people with vision
impairments or who have difficulty using their hands; and
time off for someone who needs treatment for a disability.
How to request an accommodation…
When an individual decides to request accommodation,
the individual or his/her representative must let the
employer know that s/he needs an adjustment or change
at work for a reason related to a medical condition. To
request accommodation, an individual may use "plain
English" and need not mention the ADA or use the phrase
"reasonable accommodation.”
A request for an accommodation does not need to be in
writing! An employee may request accommodations in
conversation or may use any other mode of
communication.
Step by step guide:
Gather facts from the employee: Meet with the employee and gather
information from them regarding their request. Ask them to identify both the
work limitations and a range of various accommodations the employee
believes would address those limitations. If input from a physician is
necessary, ask the employee to provide that documentation as well.
Identify potential accommodations: Armed with the employee’s specific
request and any additional information needed from treating physicians, the
employer should then independently – and outside the presence of the
employee – identify what you believe are potential accommodations that
would address the employee’s limitations. Your list of potential
accommodations need not be limited to those proposed by the employee.
Indeed, it should encompass the whole universe of options. To identify
possible accommodations, you should review the essential job functions of
the employee’s current position to determine how and whether the employee
may continue to perform those functions.
Step by step…
Determine the reasonableness of potential accommodations. Once
all of the potential accommodations are identified, review each for its
reasonableness. According to the ADA, an accommodation is reasonable
if it does not “fundamentally alter the nature of the goods, services,
facilities, privileges, advantages or accommodations” of the employer’s
business.”
An accommodation that would cause an “undue hardship” to the
employer is not a reasonable one. However, an “undue hardship” is not
simply a generalized conclusion that an accommodation would cost too
much.
A determination of undue hardship should be based not only on the cost
of the accommodation, but also on the overall financial resources and
size of the business, the type of business, and the specific impact of the
accommodation on business operations. The ADA requires an employer
to consider all possible sources of outside funding when assessing
whether a particular accommodation would be too costly.
Step by step…
Communicate the decision to the employee.
An employer is not required to provide the
accommodation requested by the employee. If
the employee specifically asks for an
accommodation that either cannot be provided
(or the employer decides not to provide), the
employer should explain in detail why the
accommodation requested by the employee was
not selected.
And most importantly…
Document the process. You should draft and
retain a confidential, internal file memorandum
documenting the above-outlined interactive
process, regardless of whether the employee
agrees to the accommodation(s) offered.

The memorandum should identify the dates of each
meeting with the employee, the accommodations and
limitations identified by the employee, and your own
efforts to identify and assess the reasonableness of
accommodations. The memorandum will memorialize
your efforts and be important in the event the employee
files an ADA claim against the you!
Responding to the request…
Write up your findings and present them to him in memo form so that you
have a clear record of your due diligence.
story
article
Remember – Changing Lanes
Know Your Responsibilities as an Employer
Know Employee’s Rights
Always Document
Seek Legal Counsel
April 9, 2015
39
Thank you!
April 9, 2015
40