Monitoring the Overlap Between FMLA, ADA and Workers' Compensation
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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 from work because of medical, disability, or family issues. These laws intersect and overlap, and in some cases, all three may protect an employee. Disciplining or discharging an employee who is 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 best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.
AuthorsStephanie K. Rawitt, Clark Hill PLC
How Can Employers Respond to Common Types of Employee Leave Abuse Without Violating the Law?
How Can Employers Ensure Compliance in Situations Where They Must Navigate Multiple Laws Regulating Employee Leave?
How Can Employers Approach Disciplining an Employee Claiming Entitlement to Leave, Special ADA Consideration, or Workers' Compensation?
What Are the Best Practices to Implement to Avoid Retaliation/Discrimination Claims Under the FMLA, ADA, or Workers' Compensation?
When Is It Permissible to Terminate an Employee on FMLA Leave?
How Do Courts Evaluate Timing Issues in Retaliation Cases?