There once was a time when considering an employee's request for disability leave was fairly straightforward. The sole determining factor was the company's business needs.
But no more. With the passage of the ADA and, employers must now navigate a virtual maze of federal laws and regulations. And when an employee's disability stems from a work-related accident, workers' compensation issues must be taken into account.
The resulting complexity of this ADA/FMLA/workers' comp "Bermuda triangle" has created much misunderstanding and myths about how to handle disability leave. Here are four of the biggest myths, plus the truth:
Myth 1: Disabled employees can be terminated as soon as they exhaust their 12 weeks of.
It's true that employees are entitled to a maximum of 12 weeks of FMLA-protected leave per year. But employers need to realize that the ADA often entitles disabled employees to longer periods of lea...(register to read more)
- Feel free to impose legitimate discipline, even if employee is out on FMLA leave
- When crafting arbitration agreements, consider effect of PAGA on class actions
- Involvement, not psychic ability, is your duty under the ADA
- Mortgage brokers sued for overtime, FLSA violations
- New incentive to speed up workers' comp cases