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The Intersection of FMLA, ADA, and Workers Compensation: How to Untangle the Web and Avoid Legal Missteps - On-Demand

Intersection of FMLA, ADA, & Workers Compensation: How to Untangle the Web & Avoid Legal Missteps - On-Demand

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The Intersection of FMLA, ADA, and Workers Compensation: How to Untangle the Web and Avoid Legal Missteps - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn how to detangle the complex and downright confusing FMLA, ADA and workers’ compensation compliance web.



There’s a complex web of laws that provide for employee leaves of absence—including the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state workers’ compensation laws. These individual laws are confusing enough—and things can get really sticky when they overlap.

Let’s say an employee’s health condition qualifies for leave under the FMLA and is also a qualified disability under the ADA. How do the laws intersect? Can the employee receive leave under both laws? And, what happens when workers’ comp. is thrown into the mix, too?

Employee leave is never simple. FMLA, ADA, and workers’ compensation laws are difficult to interpret, and they work in tandem—sometimes occurring concurrently and sometimes consecutively.

In addition to learning when protected employee leave applies—and under which law(s)—employers also need to know what to do when someone is not able to return to work at the end of leave, or if the employee is temporarily unable to perform certain functions. And, the ever-growing number of state and local paid leave laws only adds to the complexity.

Use this on-demand webinar on the intersection of FMLA, ADA, and workers’ compensation where you’ll get much-needed guidance on how to interpret and comply with applicable leave and disability laws. Our presenter, a skilled labor and employment attorney, will provide you with a roadmap to help maneuver the overlapping and potentially confusing compliance obligations under leave and disability laws.

You’ll learn:

  • Examples of inflexible leave policies that could violate the ADA
  • Answers to common—yet thorny—issues, such as if—and when—you can terminate an employee on leave
  • The different compliance obligations that may apply under FMLA and the ADA
  • When you generally may require employees to take FMLA leave concurrently with workers’ compensation leave
  • Examples of when leave as a reasonable accommodation under ADA should be granted
  • How to offer accommodations other than leave without violating FMLA
  • What to do if an employee is unable to return to work at the end of leave
  • The game plan for dealing with employees who are temporarily or permanently unable to perform essential functions
  • Pertinent cases that demonstrate EEOC willingness to target employers who don’t comply with these laws
  • And much more!

 

About Your Presenter

Danielle GarciaDanielle C. Garcia, Esq. 
Associate, Labor and Employment Practice Group 
Sheppard Mullin

Danielle Garcia of Sheppard Mullin’s San Diego office focuses her practice on representing clients in all aspects of labor and employment law, including traditional labor relations management, harassment, and discrimination. She has substantial experience advising employers on the complexities of federal and state leave laws.

Ms. Garcia also devotes a considerable amount of her practice to counseling employers to avoid costly litigation. She educates executives, human resource teams, and other corporate groups on how to fairly and effectively manage their workforces through things like: 

  • Creating and implementing employee handbooks and policies; 
  • Advising regarding hiring, performance evaluation, documentation, and discharge decisions; 
  • Managing leave issues and developing strategies to prevent leave abuse; 
  • Auditing for compliance with various wage-and-hour laws; and 
  • Training HR and management. 


Prior to her legal career, Ms. Garcia worked as a human resources generalist and shift supervisor for a food manufacturing facility, where she managed complex employee leave issues and all other areas of personnel management.

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