Workers' Comp, FMLA, and ADA Overlap: Navigating the Bermuda Triangle of Employee Leave Laws; Pitfalls to Avoid
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide practitioners through the "Bermuda Triangle" of leave laws--workers' compensation, FMLA, and ADA--discussing the leave requirements under each and how they overlap. The panel will address how to help clients navigate what may be conflicting requirements when employees become injured on the job and require leave.
Outline
- Introduction
- Legal framework (covered employers, eligible employees, leave entitlement)
- Workers' comp
- FMLA
- ADA
- Where the laws overlap
- Triggering events
- Documentation requirements
- Workplace injury as disability and/or serious health condition
- Notice requirements
- Leave vs. light duty or other accommodation
- Possible conflicts
- Case studies
- State/local leave law considerations
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- Under what circumstances should counsel and their clients examine leave requirements under workers' comp, FMLA, and ADA?
- When may an employee be entitled to leave under workers' comp? FMLA? ADA?
- When may an employee's work-related injury be considered a serious health condition? A disability?
- In what significant areas do the laws overlap?
- When may the laws have conflicting requirements, and how can counsel best guide their clients to minimize the risk of enforcement action?
- What state/local leave considerations should counsel be aware of?
Faculty
Laura M. Fant
Special Employment Law Counsel
Proskauer Rose
Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act,... | Read More
Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act, the Family and Medical Leave Act and related state and local laws. She also provides general employment counseling and has experience reviewing and updating employee handbooks and company policies, as well as providing training on topics such as discrimination and harassment in the workplace, social media, and the accommodation of physical and mental disabilities. Ms. Fant is a frequent contributor to Proskauer’s Law and the Workplace blog.
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Vincent Jackson
Attorney
Kollman & Saucier
Mr. Jackson represents clients in a broad array of commercial and employment-related matters. Prior to... | Read More
Mr. Jackson represents clients in a broad array of commercial and employment-related matters. Prior to joining Kollman & Saucier, Mr. Jackson worked at another Baltimore law firm, where he litigated a variety of commercial, construction, and criminal cases. He also served as a prosecutor in the Office of the State’s Attorney for Baltimore City, where he chaired 18 jury trials and over 50 bench trials.
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David L. Zwisler
Shareholder
Ogletree Deakins Nash Smoak & Stewart
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive... | Read More
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive audits of employment policies and practices, including drafting and editing employee handbooks, executive contracts, and severance, noncompetition, non-solicitation, confidentiality and trade secret agreements. He also oversees and conducts wage and hour compliance audits and provides counsel on FLSA compliance.
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