Employee Leave Under the FMLA and ADA

Navigating Overlapping and Conflicting Leave Laws to Avoid Government Action and Worker Lawsuits

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

Conducted on Wednesday, November 28, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide employers' counsel with best practices to reduce the risk of lawsuits or government action for violating employee leave requirements under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).


Managing leave for sick or injured workers under the FMLA and the ADA 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.

Certain medical or disability-related issues can be subject to different federal and state laws at the same time, which further complicates the administration of employee leave. The employer must then simultaneously ensure consistent compliance with the requirements of each.

Listen as our panel of employment counsel examines the interplay between the FMLA and ADA; discusses common situations where conflicts arise; and offers strategies for employers and their counsel to comply with the laws and minimize liability and government action.



  1. Interplay between FMLA and ADA
    1. Applicability based on number of employees
    2. Applicability based on situation
    3. Limits on leave time
    4. Paid leave
    5. Repayment of benefits by employee
    6. Recordkeeping
  2. Related workers’ compensation issues
  3. Best practices to resolve conflicts between competing laws and minimize liability


The panel will review these and other key questions:

  • What are the most common types of employee leave abuse—and how can employers respond to them without violating the law?
  • How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
  • How have recent changes to the FMLA and ADA impacted the administration of employee leave?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Neil A. Capobianco
Neil A. Capobianco

SNR Denton

He regularly counsels employers on day-to-day employment issues and negotiates and litigates on behalf of employers,...  |  Read More

Eric S. Dreiband
Eric S. Dreiband

Jones Day

Mr. Dreiband represents companies in all aspects of civil rights, employment discrimination, and wage and hour...  |  Read More

Salvatore G. Gangemi
Salvatore G. Gangemi

Gangemi Law Firm

Mr. Gangemi practices in the area of employment law and litigation representing employees. He frequently lectures...  |  Read More

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