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Coordinating FMLA, ADA, And Workers' Compensation - How To Avoid The Pitfalls 12/27/2006
FMLA, ADA, and Workers' Compensation are difficult enough to administer independently, let alone when you must determine which rule or law takes precedence over another.
It's not enough to just know FMLA or ADA or workers' compensation rules. When an employee can't work, it is not uncommon for that person to be covered by more than one of these employment or benefit laws.
These laws oftentimes have conflicting rules - - doing something "right" under one law may violate another!
For instance, when a disabled employee exhausts his or her FMLA leave and later returns to work, under ADA the employer may have to place the employee in a different position, even though other employees may be more qualified. And, there are complicated return-to-work issues that the employer should disclose on the FMLA notice when a light-duty position is offered under workers' compensation.
With triple the possible penalties and sanctions, it pays to understand all of the ways that these statutes overlap, and to know how to coordinate your policies and practices to satisfy the requirements.
This article is relevant to the following keword(s): 'ADA, Americans with Disabilities Act, FMLA, Family Medical Leave Act, Workers'' Compensation, Medical Leave'