Leave Abuse under FMLA, ADA and Workers� Comp: How Employers Can Deal with the Most Outrageous Excus

Smithmoore84908 Jul, 2022Education

The Family Medical Leave Act (FMLA) requires covered employers to allow eligible employees up to 12 weeks of unpaid job-protected leave and benefits to care for their own or a family member?s serious health condition. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) require employers to provide reasonable accommodations to qualified employees with disabilities so that they can perform the essential functions of their jobs-and a leave of absence may very well be such a reasonable accommodation. An FMLA-eligible employee may also be protected under the ADA/ADAAA, and therefore qualify for an extended leave of absence -beyond the FMLA?s 12-week maximum. If that?s not enough when you have employees who are eligible for time off from work under workers? compensation laws, the potential for overlap, not to mention administrative challenges and the impact on your company?s bottom line seems to increase exponentially.