Monitoring the Overlap Between FMLA, ADA, and Workers’ Compensation is brought to you by Lorman
Understand your company’s obligations under the FMLA, ADA, and other leave protection laws and how these laws may overlap.
The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and state workers’ compensation statutes all protect employees who need to take time off work because of medical, disability, or family issues. These laws intersect and overlap; in some cases, all three may protect an employee. Disciplining or discharging an employee on leave or recently returned from absence is fraught with litigation risks. Courts scrutinize the timing of filed claims, and employers must have documentation supporting the action. This topic will prepare you to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The material will outline an employer’s obligations under the FMLA, ADA, and other leave protection laws, and the best practices for documenting performance issues, disciplinary actions, and avoiding retaliation claims.
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