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Wendell updates personnel policy to comply with ADA, FMLA and PWFA requirements
Summary
The Town Board adopted revisions to the personnel policy covering a drug-free workplace, drug and alcohol testing, Americans with Disabilities Act language, FMLA clarifications and the Pregnant Workers Fairness Act.
The Wendell Town Board adopted updates to the town’s personnel policy intended to bring several sections into legal compliance.
Staff told the board the town contracted with T. Campbell—an organization specializing in public human-resources law in North Carolina—to review and update policy sections on drug-free workplace and drug-and-alcohol testing, Americans with Disabilities Act (ADA) definitions and processes, sick leave and Family and Medical Leave Act (FMLA) clarifications, and to add required language for the Pregnant Workers Fairness Act (PWFA).
Key changes staff described include removing the term “substance abuse” where it could implicate ADA protections; distinguishing safety-sensitive CDL drivers from other safety-sensitive positions for testing purposes; defining disability, essential functions and major life activities; clarifying processes for requesting reasonable accommodations and the interactive process; adding confidentiality and anti-retaliation protections; and expanding FMLA guidance on certification, dispute resolution and leave protections. Staff recommended the board adopt the revisions to achieve legal compliance.
A board member said the packet’s detailed language answered initial questions and moved to adopt the policy updates. The motion passed by voice vote with no recorded opposition.
