FMLA, ADA and Worker’s Comp: Your Interrelated Obligations

Come hear practical solutions to dealing with the trifecta—the employee who has rights under FMLA, ADA and worker’s compensation laws. If you register for the program, you will have an opportunity to submit questions ahead of time, but some of the ones we see regularly include:

• What if an employee doesn’t want to file for FMLA? Can you force him to take it? What if he refuses to turn in the medical certification?
• What risks do you face if you terminate someone as soon as she runs out of FMLA leave? Is additional leave always a reasonable accommodation under the ADA? Should you have a policy that provides additional leave?
• Are you allowed to call an exempt employee who is on FMLA leave and ask work related questions without violating her FMLA rights? Does it matter if she is on paid leave?
• When is it safe to fill a job if someone was on FMLA leave? Are there any benefits to filling the job and leaving the employee on a leave status with no guaranteed right to return to his job? Should you notify the employee if you do that?
• Can you still only provide light duty jobs in limited circumstances? Is providing a reasonable accommodation the same as light duty?
• Can you require that an injured employee get a release to return to work without restrictions? If you terminate an employee who can’t return to her job because of a worker’s comp injury, does that mean you terminated her because of the worker’s comp injury?