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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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 8, 2022

Recorded event now available

or call 1-800-926-7926

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


Managing leave under the FMLA, ADA, and workers' compensation laws, as well as paid sick leave laws, for sick or injured workers or workers with disabilities is daunting for many 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 simultaneously be subject to different federal and state laws. The employer must 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. Reinstatement/reassignment
    4. 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 seeking leave or claiming accommodation under the 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, ADA accommodation consideration, or workers' comp?


Fant, Laura
Laura M. Fant

Special Employment Law Counsel
Proskauer Rose

Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act,...  |  Read More

Moy, Gary
Gary Moy

Littler Mendelson

Mr. Moy advises and represents employers on a broad range of employment matters, from hiring and termination and...  |  Read More

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