The Intersection Between FMLA and ADA: Managing Employee Leaves of Absence/Interactions Between the Statutes
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Learn practical tips on how to handle special leave of absence situations.There are many laws and rules that govern what happens when an employee takes a leave, or seems to be in need of taking such a leave. The federal Family and Medical Leave Act of 1993 is the bible for any employer when considering its obligations and an employee's rights in leave scenarios, but other statutes must also be considered. What happens when an on-the-job injury is involved? What happens when the leave is triggered by a disability unrelated to the workplace (e.g. heart attack)?
Employees may also be entitled to leave or a continuation of a leave as a reasonable accommodation under the Americans With Disabilities Act. There is an interface/interplay between the ADA and these various leave statutes that employers must also contemplate when considering an employee leave situation. There may also be contractual or quasi-contractual leave entitlements for employees, as may be set forth in an employee handbook. State laws also need to be considered. These laws may provide for greater rights for employees. As a general rule, whichever law is stricter (for the employer) is the one that must be complied with.
Learn the basic principles informing and applying to leave scenarios under these various laws and their interconnections to each other. Learn when an employer must give a leave, when it has the discretion to properly deny a leave or its continuation and how employers can be found to have violated these laws, unintentionally, exposing themselves to considerable financial liability and damages.
Maybe an employer does not need to know all the legal nuances involved in these matters, but this information will teach the art of recognizing when such issues (and possible exposures) may be present and how they can be rectified before real trouble arises. Analyze problem areas and receive proactive, strategic protocols and policies to address these issues.
Mark E. Tabakman, Esq., Fox Rothschild LLP
Self Study Credit - Audio & Reference Manual
Sponsored by Lorman Education
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