Figuring out how to navigate and comply with the Americans with Disabilities Act can be difficult in itself. So, when Family Medical Leave Act or Workers’ Compensation are also involved, confusion about how each law applies is understandable. ADA accommodation, workers’ compensation and FMLA leave, they all are different and unique in its application, yet, the intersection of these laws often bewilder employers.
There are a number of misconceptions about the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and workers’ compensation, including:
Americans with Disabilities Act (ADA)
Some people think that the ADA is misused by people with vague complaints or diagnoses. However, the ADA requires employers to make reasonable accommodations for qualified individuals with disabilities, unless doing so would cause undue hardship.
Family Medical Leave Act (FMLA)
Some people think that employees must explicitly request FMLA leave. Others think that employers can deny reduced-schedule or intermittent leave if it’s disruptive to the workplace. However, the FMLA allows workers time off for family or health reasons that constitute a serious health condition.
Workers’ compensation
Some people think that workers’ compensation benefits are only for incidents where the employer or a third party is at fault. Others think that workers’ compensation only covers physical injuries, leaving those with psychological conditions without support. Workers’ compensation provides compensation for lost wages and medical treatment for employees facing a work-related injury.
Learn how to mitigate these regulations and avoid the legal landmine it represents.
