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Monitoring the Overlap Between FMLA, ADA and Workers' Compensation

 

Understand your company's obligations under the FMLA, ADA, and other leave protection laws and how these laws may overlap.

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. Courts scrutinize the timing of filed claims, and employers must have documentation supporting the action. This topic will prepare you to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The material will outline an employer's obligations under the FMLA, ADA, and other leave protection laws, and best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.

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Monitoring the Overlap Between FMLA, ADA and Workers' Compensation

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Monitoring the Overlap Between FMLA, ADA and Workers' Compensation

Faculty

Stephanie K. Rawitt

Stephanie K. Rawitt

Clark Hill PLC

  • Member at Clark Hill PLC
  • Provides legal services and advice on employment matters to a variety of clients including hospitals, medical practices, retirement communities, assisted living facilities, home health care companies, public entities, nonprofit organizations, private businesses, colleges, universities, and corporations
  • She works specifically with human resources departments to create, manage, and maintain the most current employment policies and procedures, ensuring that companies are in compliance with ever-changing federal, state, and local laws
  • Counsels employers on issues concerning statutory compliance with employment laws, such as the ADA, Title VII, the ADEA, FLSA, FMLA, Form I-9 compliance, and state wage laws
  • As part of her advisory service, she offers training programs on a full range of employment matters, as well as assistance to personnel management on a variety of workplace issues
  • Counsels employers through workplace investigations in both a state and federal capacity for various administrative agencies, such as the EEOC and PHRC
  • Has significant experience in handling employment-related liability matters, including wage and hour claims, wrongful termination, grievance claims, discrimination, sexual harassment, federal civil rights claims, federal and state statutory claims (Title VII, FMLA, ADA, ADEA, FLSA, PHRA), and related tort claims
  • J.D. degree, Northeastern University School of Law; B.A. degree, cum laude, Syracuse University
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Monitoring the Overlap Between FMLA, ADA and Workers' Compensation

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