The Bermuda Triangle Has Expanded: The FMLA's Intersection With the ADA, Workers' Compensation and More
Page Contents
- The FMLA and the ADA
- Building an HR Checklist for the FMLA and ADA
- 1. Is the Employer Covered by Both Laws?
- 2. Is the Employee Eligible for Leave?
- 3. What Type of Leave and How Much Leave Is Available?
- 4. Payment and Benefits While on Leave
- 5. Returning Employees to Work
- Requesting Medical Documentation
- Reinstatement to Employee's Prior Job
- Light Duty Issues
- 6. Providing Leave or Extended Leave as a Reasonable Accommodation
- How Much Leave Is Reasonable?
- Drawing the Line on Indefinite Leaves
- Preparing for What Lies Ahead
- 7. Maintaining Confidentiality of FMLA and ADA Paperwork
- Association Discrimination
- FMLA Leave to Care for Adult Children With Disabilities
- Infertility and the FMLA/ADA
- The FMLA and the Pregnancy Discrimination Act
- The Genetic Information Nondiscrimination Act
- The Uniformed Services Employment and Reemployment Rights Act
- The Fair Labor Standards Act
- FLSA Principles Affecting Employee Eligibility for FMLA
- 1,250 Hours Worked
- Presumption of 1,250 Hours if No Time Records
- FLSA Principles Affecting the Amount of FMLA Leave Available
- FLSA Principles Affecting Employee Wages or Salary While on FMLA Leave
- Nursing Mothers Under the FMLA and FLSA
- Workers' Compensation Laws and Programs
- Benefits and Privacy Under ERISA, COBRA and HIPAA
- The Employee Retirement Income Security Act
- The Consolidated Omnibus Budget Reconciliation Act
- COBRA During FMLA Leave
- COBRA After FMLA Leave (or When FMLA Does Not Apply)
- The Health Insurance Portability and Accountability Act
- Short-Term and Long-Term Disability Plans
- Employees on FMLA Who Qualify for Short-Term Disability Benefits
- Employees on FMLA Who Qualify for Long-Term Disability Benefits
- Collective Bargaining Agreements
- Employer Policies
- State Laws
- Additional Resources
Author: Michelle R. Barrett and Alexis C. Knapp, Littler Mendelson, PC
The FMLA regulations and guidance offered by the Department of Labor (DOL) provide fairly specific rules to follow in the administration of FMLA leave. Although these rules govern how the FMLA leave itself should work, they do not cover all of the other - and often concurrent - employment-related obligations that employers may have. Most commonly, this intersection of rights has been referred to in publications and presentations as "The Bermuda Triangle," and typically includes a discussion of FMLA, the ADA and workers' compensation laws. Importantly, however, the overlaps are far more extensive than the prior "triangle" we have all become so familiar with suggests.
A chart summarizing many of the questions and issues that arise under the below employment laws and obligations when employees seek, take and return from FMLA-type leaves is available by clicking here.