The Intersection of FMLA, the ADA and Workers’ Compensation
- Nov 05, 2019
- 01:30 PM EST
- 90 minutes
The lines between the Family and Medical Leave Act (FMLA) (FMLA), the Americans with Disabilities Act (ADA), and workers’ compensation law are often blurred, and employers are faced with making decisions about leave and accommodations that could land them in court if they aren’t careful.
The FMLA seems pretty comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. In some cases, other laws may create additional employer obligations—or they might parallel FMLA. And claims for FMLA interference or retaliation may not have to go through the administrative process: The regulations state they can go straight into litigation – and defending those claims can be costly.
In addition to learning when protected employee leave applies, employers need to know what to do when someone is not able to return to work at the end of leave, or if they employee is temporarily unable to perform certain functions. And, even though many assume that FMLA guarantees reinstatement to employees, there are exceptions that could be important, such as if the employee would have been laid off anyway or if the employee has abused their leave.
Find out more about how to handle the process, if it arises, and to properly address ADA accommodation requests, workers’ compensation, and FMLA leave should they intersect. Attend our in-depth webinar on November 5 to unravel the complicated intersection of FMLA, ADA, and workers’ compensation.
You'll learn how to:
- Identify FMLA and the ADA’s legal requirements for granting protected leave—and how those intersect with state workers’ compensation laws generally
- Create policies that will protect you from possible ADA violations
- Ask the right questions to find out if the employee is actually eligible for FMLA or other types of leave
- Understand the broad scope of the amended ADA and exactly what it covers or considers as disability
- Follow up when an employee requests an accommodation due to an injury covered under workers’ comp
- Ask for the required medical certification properly (and what you should never ask for)
- Inform employees on leave of their responsibilities regarding continuation of benefits
- Tell when to apply retroactive leave, and what the requirements are
- Obtain a "fitness for duty" certification without legally misstepping
- Clarify continuation of benefits after leave
- Understand what’s required for reinstatement to an employee’s job—and the challenges that may arise upon a return from leave
- Address employees working outside their regular job while on leave
- And much more!
YOUR EXPERT INSTRUCTOR
Andrew Adams, Esq.
Andrew J. Adams is an Associate at Skoler, Abbott, & Presser, P.C. He focuses his practice in management-side labor and employment law, including employment litigation, handbook reviews, and labor disputes. He also regularly advises clients with respect to compliance challenges, personnel policies and day-to-day employment issues, and provides custom training programs and materials to clients on a variety of important topics, including sexual harassment, paid and unpaid leave, ADA accommodations, and drugs and alcohol in the workplace. Adams is a frequent contributor to the Massachusetts Employment Law Letter.
This program has been submitted for pre-approval for 1.5 hours of general recertification credit toward PHR and SPHR recertification. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification.