Employee Leave Under FMLA, ADA and Workers' Comp: Navigating Overlapping and Conflicting Leave Laws

Avoiding Pitfalls With Accommodation, Retaliation/Discrimination; Handling Light Duty, Company Policy Violations and Discipline

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, April 18, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide employers’ counsel with best practices to reduce the risk of lawsuits or government action for employee leave violations under FMLA, ADA or workers’ compensation laws, and paid sick leave laws. The panel will outline an employer’s obligations under each of the laws and common areas of confusion and liability.


Managing leave for sick or injured workers under the FMLA, ADA and workers’ compensation laws, and paid sick leave laws is daunting for most employers. Employers must balance their efforts to prevent employee abuse of leave against the potential for lawsuits or government action for alleged wrongful denial of leave requests.

Administering employee leave is further complicated by the fact that certain medical or disability-related issues can be subject to different federal and state laws at the same time. The employer must simultaneously ensure consistent compliance with the requirements of each.

Listen as our panel of employment counsel examines the interplay between the FMLA, ADA and workers’ compensation laws, and paid sick leave laws; discusses situations where conflicts arise; and offers strategies for employers and their counsel to comply with the law and minimize liability and government action.



  1. Source for legal obligations—and their interplay
    1. FMLA
    2. ADA
    3. Workers’ compensation
    4. Paid sick leave laws
  2. Leave requirements and limitations
  3. Accommodation requirements
    1. Unique concerns
    2. Violation of employee privacy
    3. Substance abuse and rehab
    4. Reinstatement/reassignment
    5. Recordkeeping
  4. Best practices to resolve conflicts among competing laws and avoid retaliation/discrimination claims


The panel will review these and other critical issues:

  • What are best practices to avoid retaliation/discrimination charges by an employee claiming accommodation under FMLA, ADA or workers’ comp or other state laws?
  • What are the most common types of employee leave abuse—and how can employers address them without violating the law?
  • How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
  • How can employers approach disciplining an employee claiming entitlement to leave, special ADA consideration or workers’ comp?


Capobianco, Neil
Neil A. Capobianco


Mr. Capobianco specializes in labor, employment and benefits advice, counseling, dispute resolution, and litigation on...  |  Read More

Scherer, Matthew
Matthew U. Scherer, Esq.

Littler Mendelson

Mr. Scherer assists employers in all aspects of employment law. He has significant experience in leave and disability...  |  Read More

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