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A given situation may have multiple laws at play. If an employee is out because of a workers' comp injury or illness, he or she may be entitled to FMLA protections as well (so long as he or she meets the eligibility requirements). In such situations, it isn't generally workers' compensation laws that require the employer to provide job protection, it's the FMLA. In some cases, the ADA can also be involved, particularly since it's been amended to protect more people.
It is entirely possible that all three laws can concurrently apply to a particular employee's situation. Employers must be careful to analyze the circumstances of an individual employee separately under each of the laws before considering how they might interact. Understanding the interplay can be very difficult.
Because of the complexity of each law, the interplay between workers' compensation, ADA, and FMLA, and the potential for lawsuits resulting from violating them, it's critical to understand what employers must do to comply.
The webcast explains:
- Which employers must comply with workers' compensation, ADA, and FMLA.
- What constitutes a workers’ compensation claim, disability under the ADA, and a serious health condition under the FMLA.
- When to designate FMLA leave and how it may relate to employees off of work due to a workers' comp injury/illness.
- The job restoration protection under FMLA and how it may affect employees returning to work after a workers' comp injury/illness.
- Reasonable accommodations under ADA that may afford the employee additional leave time.
- How an employee can be covered under all three laws at once.
Prospera® is a unique online management tool that helps you manage the core areas of your HR program and navigate the complexity of regulatory compliance. To learn more, view sample materials, and sign up for a free 30-day trial, click here.