Taken separately, workers’ compensation laws, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) represent complicated laws that are often difficult for employers and employees alike to figure out. When workers must be absent from the workplace under two or three of these laws, the situation becomes even more complex, and companies’ risk of potential litigation and regulatory investigations increase.
According to the U.S. Department of Labor (DOL), “When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In addition, state Workers’ Compensation (workers’ comp) laws have leave provisions that may apply. Depending on the situation, one or more of these laws can apply to the same employee.”