The relationship of workers' compensation to the Americans with Disabilities Act and Family and Medical Leave Act.
This article examines the intersection of workers' compensation laws with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Much ADA and FMLA litigation stems from work-related injuries or illnesses. Knowledge of the ADA and FMLA may help prevent workers' compensation cases from resulting in costly employment litigation. Employees who are absent from work for a work-related condition often have rights under other laws, besides workers' compensation laws, such as the ADA and FMLA. Employers need to be cognizant of this while addressing these cases. First, the goals of state workers' compensation laws and the ADA and FMLA are reviewed. Then specific issues involving the intersection of workers' compensation, ADA,and FMLA are discussed.
Geaney
John H
JH
Capehart and Scatchard, P.A., 8000 Midatlantic Drive, Suite 3000, Mt. Laurel, NJ 08054, USA. jgeaney@capehart.com
D004651:Employment / Q000331:legislation & jurisprudence*; D017407:Family Leave / Q000331:legislation & jurisprudence*; D006801:Humans; D010559:Personnel Management / Q000331:legislation & jurisprudence; D018582:Sick Leave / Q000331:legislation & jurisprudence*; D014481:United States; D014942:Workers' Compensation / Q000331:legislation & jurisprudence*