Monitoring the Overlap Between FMLA, ADA and Workers' Compensation
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.
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