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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 work because of medical, disability, or family issues. These laws intersect and overlap; in some cases, all three may protect an employee. Disciplining or discharging an employee 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 the best practices for documenting performance issues, disciplinary actions, and avoiding retaliation claims.



Stephanie K. Rawitt

Stephanie K. Rawitt

Stephanie K. Rawitt, Attorney at Law

  • •Senior Claims Specialist at Markel Insurance
  • •Responsible for handling management liability claims for select client accounts from initiation of the claims through to their conclusion. Analyzes coverage issues, investigates claims, and facilitates settlement and resolution of the claims.
  • •Worked as employment counsel for 25 years where she provided 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.
  • •Worked specifically with human resources departments to create, manage, and maintain the most current employment policies and procedures.
  • •Counseled 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.
  • •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.
  • •Based upon her extensive experience, she offers training programs on a full range of employment matters.
  • •J.D. degree, Northeastern University School of Law; B.A. degree, cum laude, Syracuse University

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