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 video webinar with Q&A

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Conducted on Wednesday, May 5, 2021

Recorded event now available

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Course Materials

This CLE course 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, as well as 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, as well as paid sick leave laws, is daunting for most employers. The current environment makes this even more difficult. 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 because specific 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 attorneys examines the interplay between the FMLA, ADA, and workers' compensation laws, as well as 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, workers' comp, or 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?


Kimberlin, Diane
Diane L. Kimberlin

Littler Mendelson

Ms. Kimberlin represents both private companies and public entities in many facets of labor and employment law,...  |  Read More

Kopp, Jeffrey
Jeffrey S. Kopp

Foley & Lardner

Mr. Kopp focuses on labor and employment and commercial litigation, and a variety of emergency and other injunctive...  |  Read More

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