Overlap of Workers' Compensation and the WVHRA, ADAAA and FMLA

The Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”) and the West Virginia Workers’ Compensation Act (“WVWCA”) are three of the most significant employment laws that employers face. Frequently, these laws cross paths when an employee suffers from a workplace injury. Because these laws, along with the regulations
implementing them and the case law interpreting them, are complex, and sometimes enigmatic,
they are also three of the most significant sources of employer headaches.


Are you a covered employer?
Is the employee a covered employee?
How much leave is an employee entitled to take?
Do I have to pay the employee regular wages during leave?


Thomas S. Kleeh

Steptoe & Johnson PLLC

  • Attorney with Steptoe & Johnson PLLC practicing in labor and employment law
  • Experience defending employers in protected class litigation
  • Defended claims against employers based upon age, race, sex, sexual and other forms of unlawful harassment, disability, religion and national origin
  • Defended claims for breach of contract, retaliatory discharge, defamation, invasion of privacy and other employment-related torts
  • Defended claims against employers for unlawful wiretapping and surveillance
  • Can be contacted at 304-353-8168 or [email protected]

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