The New Leave Compliance: How to Master FMLA, ADA, and Workers' Comp Overlap

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Scenario I:

Let's say you’ve got a pregnant employee who experiences complications. She’s entitled to FMLA leave because her condition is serious enough to be protected. But is she also entitled to leave as an accommodation under the ADA? And if so, how much leave is she entitled to in total?

Scenario II: An employee claims workers’ comp and is unable to return to work, with or without accommodation, for several months. What are your options?

Complicated issues like these arise all the time when the line separating employee FMLA rights, applicable workers’ comp coverage, and ADA entitlements isn’t always clear. HR's rights and obligations can get murky, and it’s imperative that you know how to determine precisely what you can and can't do when facing the treacherous triangle of disability and leave laws.