Puerto Rico Request for Medical Status Evaluation Under ADA

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Multi-State
Control #:
US-315EM
Format:
Word; 
Rich Text
Instant download

Description

This form is submitted to an employee\'s physician in order for him or her to describe the diagnosis of the employee for purposes of certification.

Puerto Rico Request for Medical Status Evaluation Under ADA is a document dedicated to individuals seeking medical support and evaluation under the Americans with Disabilities Act (ADA) in Puerto Rico. The ADA ensures equal opportunities and protection for people with disabilities, promoting their rights to employment, public accommodations, transportation, and other essential aspects of daily life. This request form allows individuals in Puerto Rico to present their medical status for evaluation to determine eligibility for certain ADA accommodations and protections. Keywords: Puerto Rico, Request for Medical Status Evaluation, ADA, Americans with Disabilities Act, disabilities, medical support, equal opportunities, rights, employment, public accommodations, transportation, eligibility, accommodations, protections. Types of Puerto Rico Request for Medical Status Evaluation Under ADA: 1. Employment Accommodations: — This type of request is designed for individuals seeking workplace accommodations due to their medical conditions under ADA regulations. It includes reasonable adjustments to job responsibilities, working hours, workstation setup, or other modifications necessary to ensure equal employment opportunities. 2. Public Accommodations: — This category pertains to requests for ADA accommodations in public spaces such as restaurants, hotels, shopping centers, or government buildings. The individual submits this request to access reasonable adjustments, such as wheelchair ramps, accessible parking spaces, or auxiliary aids, enabling equal participation in public activities. 3. Transportation Accommodations: — This type of request focuses on individuals with disabilities needing accommodations within transportation services. It could involve modifications to public transportation vehicles, such as wheelchair accessibility, visual or auditory aids, or door-to-door transportation options to ensure equal access to transportation facilities. 4. Education Accommodations: — Individuals seeking accommodations in educational settings, including schools, colleges, or universities, submit this type of request. It aims to ensure that students with disabilities receive reasonable accommodations, such as assistive technology, additional time for exams, accessible classrooms, or modified instructional materials, enabling equal educational opportunities. 5. Auxiliary Aids and Services: — This request type encompasses individuals seeking auxiliary aids or services to overcome communication barriers in various situations, such as sign language interpreters, closed captioning, or digital accessibility for websites, documents, or audiovisual materials. These variations of Puerto Rico Request for Medical Status Evaluation Under ADA cater to the specific needs of individuals with disabilities, assisting them in obtaining appropriate accommodations, services, and support required to enjoy equal rights and opportunities in Puerto Rico.

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FAQ

A recent ruling by the United States District Court for the District of Puerto Rico clarifies that Law 44, Puerto Rico's counterpart to the federal American with Disabilities Act (ADA), applies only to employers and does not provide for individual liability.

Wage and hour coverage in Puerto Rico for non-exempt employees is governed by the US Fair Labor Standards Act (FLSA) as well as local laws.

The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. Originally the FLSA prohibited child labor; it has since been expanded to prohibit wage disparity due to gender and discrimination due to age.

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

Restrictive covenantsNon-compete clauses in employment contracts are valid and enforceable in Puerto Rico under general freedom of contract principles but must comply with requirements established by the Supreme Court of Puerto Rico.

Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commercei Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act) Independent contractors and freelance workers (they're not employees)ii

Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.

According to Puerto Rico Act Number 379 of (Law No 379), which covers non-exempt (hourly) employees, eight hours of work constitutes a regular working day in Puerto Rico and 40 hours of work constitutes a workweek. Working hours exceeding these minimums must be compensated as overtime.

From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.

More info

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Puerto Rico Request for Medical Status Evaluation Under ADA