.What’s that up ahead?
The first step in finding your way through the confusion is to understand the main features of each law.
The Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave in a 12-month period for:
• Birth of a child and care for a newborn.
• Adoption or initiating foster care for a child.
• Need to care for a parent, spouse or child with a “serious health condition.”
• “Serious health condition” of the employee.
The Americans with Disabilities Act makes it illegal to discriminate in employment against qualified individuals with disabilities. Employers must make “reasonable accommodations” unless the accommodation imposes “undue hardship.” A leave of absence may constitute a reasonable accommodation.
Workers’ Compensation provides benefits to employees with occupational injuries and illnesses in the form of wage continuation and medical reimbursement. In most states, it is illegal to retaliate against an employee for filing a Workers’ Compensation claim.
Unlocking the key differences
While these three laws can overlap, there are basic differences in employer eligibility requirements.
Number of employees
The FMLA covers employers with 50 or more employees. The ADA applies if you have 15 or more full-time employees. Under state WC statutes, employers with two or three employees may be required to carry WC insurance. If you have 50 or more employees, you are subject to all three laws.
Types of health conditions
The FMLA applies to “serious health conditions;” the ADA covers disabilities that limit an individual’s ability to perform a “major life activity;” and WC laws cover work-related injuries.
When in doubt ...
Though reinstatement rights vary when the employee returns to work, the law providing the employee with the most rights prevails. Under FMLA, the employee must return to the same or substantially similar position. The ADA requires the employee to return to the same job unless he or she is no longer qualified or it would cause the employer “undue hardship.” Under WC, the employee must return to work where suitable employment is available based upon the employee’s physical and mental limitations. It is possible for an employee to take 12 weeks of FMLA leave and still be entitled to time off if the ADA or WC laws apply.
Need a guide on this journey?
It is essential to have written absence, leave and return-to-work policies when dealing with the FMLA, ADA and WC rules. G.Neil’s FMLA Answer Kit and ADA Kit eliminate confusion and protect your company, your managers and yourself from liability. Both kits feature easy, step-by-step components, written in “plain English,” to get you into complete compliance. Also our State-Specific Employment Law Guides provide expert advice from leading attorneys simplifying complex Workers’ Compensation laws and more.