Leave of Absence Administration's "Devil's Triangle": FMLA, ADA, and Workers’ Compensation

Excerpted from my book, "The First-Time Manager: HR" published by HarperCollins Leadership and the American Management Association.

The FMLA, ADA, and Workers' Compensation make for the "Devil's Triangle" of Leave Laws

There's a reason why FMLA, the ADA, and workers' compensation have become collectively known as the “devil’s triangle" of leave laws. FMLA, the ADA, and workers’ compensation make for a challenging environment that many if not most employers have trouble navigating and for good reason: they're complicated and can conflict with one another. Leave laws are well intentioned but developed individually over time, depending on the administration in office and the needs under legislative consideration at the moment of passage. Because they were never launched as a well integrated "suite," so to speak, they have their own "personalities" and "quirks" that reflect the varying interests in play at the time of their release. They were likewise influenced by legal interpretations and case law as time went on. As a result, like many other benefits, they have become subject to exploitation and abuse by workers and plaintiffs’ attorneys alike.

Books can be and have been written on each of these three programs, and the purpose of this blog post is to capture the key concepts and core underpinnings of all three in terms of what you should know and be on the lookout for as an HR professional, business owner, or leave of absence administrator. Again, these are beneficial laws that are desperately needed for those who qualify; however, disability discrimination has become one of the hottest lawsuits in the land, carrying the potential for punitive damages, so we have to proceed with caution.

Educate yourself well in this particular field of employment practices, benefits, and sick and safe leave laws if the leave administrator reports to you or if you’re asked to step in and manage open cases. Master the vocabulary in bold that follows to build your understanding and awareness of how these programs work. Most important, know when to escalate particular questions to qualified experts in these three respective fields. Let’s start with a basic understanding of what these laws and programs are designed to do. We can then approach the topic of leave administration from an integration standpoint, seeing that these programs often overlap and sometimes conflict with one another (much to every employer’s chagrin).

FMLA, ADA, and Workers’ Compensation—Key Concepts in Workplace Leave Administration

·         FMLA

The Family and Medical Leave Act, passed in 1993, is a labor standard and leave law overseen by the Department of Labor.  The leave is generally unpaid, although sick leave pay, state disability insurance, and short-term disability policies, when available, may fund a portion of employees’ salaries. Under federal regulations, employers with 50 or more workers are covered. Covered workers must be employed for at least twelve months, have worked at least 1250 hours during the year prior to the start of the leave (i.e., the equivalent of 156 days or seven months), and be employed at a worksite where there are fifty or more employees within a 75-mile radius.  Therefore, be sure a worker qualifies for FMLA before granting a leave under its provisions. Likewise, look to your state law equivalent of FMLA (for example, the California Family Rights Act) for additional (and often more stringent) guidelines, criteria, and applications.

Generally speaking, full-time employees working five eight-hour shifts per week (i.e., forty hours per week) are provided up to twelve workweeks (i.e., 60 business days or 480 hours) in a twelve-month period of unpaid, job-protected leave under FMLA for a number of triggering events, including baby bonding with a newborn, adoption or foster care, care for an employee’s spouse, child, or parent with a serious health condition, pregnancy-related disability, and other chronic or episodic conditions. Employees may take time off to care for their own serious health condition. Likewise, a worker may take time off to care for a family member or next of kin due to illness or injury that occurred while on active military duty (and in such cases, up to 26 weeks of leave is available). The term “other qualifying exigency” refers to mandatory FMLA time off for employees who have family members serving in the Armed Forces’ (including the National Guard and Reserves) and who need to participate in childcare and school activities, financial and legal arrangements, counseling in preparation for deployment to a foreign county, and post-deployment rest and recuperation.

A “serious health condition” is generally an illness, injury, impairment, or physical or mental condition that involves (1) an inpatient stay in a hospital, (2) continuing treatment by a healthcare provider, and/or (3) a period of incapacity of more than three consecutive calendar days. Note that any period of incapacity due to pregnancy or prenatal care qualifies as a serious medical condition; mental illness resulting from stress or treatment for substance abuse may be considered a serious health condition only if the condition involves inpatient care or continuing treatment. FMLA time off may be taken as a “block” of time or on an “intermittent” basis in increments of days, hours, or even minutes. (Technically, the employer must allow employees to use FMLA leave in the smallest increment of time that the organization allows for the use of other forms of leave, as long as it is no more than one hour.) Typical serious health conditions include heart attack, stroke, cancer, back injuries, pregnancy (including morning sickness), Alzheimer’s Disease, diabetes, epilepsy, arthritis, asthma, and pneumonia.

An employer may require a medical certification for an employee’s own serious health condition that stipulates the frequency and duration of the time off needed.  The medical certification need not identify the serious health condition involved unless the employee consents to do so. Further, if the leave is taken for the employee’s spouse, child, or parent, the certification must provide that the serious medical condition warrants participation by the employee. Recertification may be requested after the time period that the healthcare provider estimated in the original certification has elapsed but not more than every thirty days.

Finally, reinstatement rights under FMLA are for the “same or equivalent position,” meaning to positions with similar pay, benefits, and terms and conditions of employment. An employer may offer an accommodation of light duty to a person returning from an FMLA block leave, for example, but the employer may not require that the employee take it. That being said, an employer can deny reinstatement under FMLA if it can show that the worker would not have been employed at the time of reinstatement because of a layoff or reorganization.

And there’s more. A lot more. Consider the following. . .

Special Considerations Surrounding FMLA Eligibility

Remote work and international assignments have definitely added some "modern" layers to the Family and Medical Leave Act (FMLA), which was originally written with physical factories and offices in mind. Here’s how those rights often break down for remote and overseas workers.

Remote Workers and the "50/75 Rule"

You might think that living in a different state from your office would disqualify you from FMLA, but the Department of Labor (DOL) has clarified this to protect remote employees. For example, for FMLA purposes, a remote worker’s "worksite" is not their home. Instead, it is the office to which they report or from which their assignments originate (i.e., their reporting office is their “worksite”). This rule is generally interpreted to mean that if an employee lives 50 or more miles away from the company’s headquarters but reports to that office, that worker is considered to "work" at that office for FMLA eligibility.

This interpretation generally extends FMLA protections to remote workers using what’s known as the 50/75 Rule: As long as there are 50 or more employees (including other remote workers who report to that same office) within a 75-mile radius of that central office, the individual is eligible for FMLA—no matter how far away their home is. This rule prevents companies from denying FMLA rights to a remote workforce simply because the employees are geographically dispersed. As long as the "hub" that the individual worker reports to is large enough, that worker is protected.

For example, let’s say that a full-time employee works remotely from Chicago but reports to a manager at a headquarters in Denver. There are 100 people who work in the Denver office or report to it. Because Denver is the employee’s "worksite" and has 50+ employees within 75- mile radius, that remote employee remains eligible for FMLA, even though they work 1,000 miles away from that office. (Yet another example of how remote work has changed some of the basic foundations and underpinnings of the modern workforce.)

Americans Working Internationally on “Secondments”

But then you ask, “What about Americans on international assignments?” As a rule, FMLA generally stops at the U.S. border. So, for example, if an American citizen is stationed in London or Tokyo for a long-term assignment, they are typically not covered by federal FMLA. These workers are usually expected to follow the local leave laws of the host country (which, in many cases like the EU, are actually more generous than the FMLA). However, many U.S. multinational companies choose to "mirror" FMLA-like benefits in their global policies to keep benefits consistent for their expats.

And if you haven’t practiced international HR, here’s a term you’ll want to familiarize yourself with: a “secondment” (with the emphasis on the second syllable). A secondment is a temporary "loan" of an employee. In an international context, it usually means a U.S. company sends an employee to work for a foreign branch or a different organization (the "host") for a fixed period (e.g., six to 24 months), with the intent that they return to their original "home" job.

During a secondment, the worker usually remains on the U.S. company's payroll and maintains an "employment relationship" with the parent organization. However, even if the secondment agreement states that the individual is still a "U.S. employee," the physical location rule still applies: Since that individual is physically working outside the U.S., they generally lose federal FMLA protection during that period. On the bright side, the twelve (or so) months that the employee spends overseas on secondment usually still count toward the individual’s "total length of service" once they return to the U.S. However, they still may need to re-accumulate the 1,250 hours of actual work within the U.S. to regain full FMLA eligibility (but that goes beyond the scope of this article).

Temporary Overseas Travel

Further, if a U.S.-based employee is traveling abroad for a week on business and a medical emergency occurs, they’re still covered under the FMLA because their "permanent" worksite remains in the U.S.

Why am I bringing all this up? Because FMLA eligibility can be very confusing. You probably read right past the section above on twelve months, 1,250 hours, and the like, thinking that you’ve seen that all before. You probably have, but this stuff can get very intricate and complex, and it may be worth reaching out to qualified legal counsel when there’s a question about greenlighting a specific employee’s eligibility. When it comes to FMLA eligibility, every case is fact specific, and no two cases are exactly alike. The intricacies of this law, as well as the ones that follow, often require the advice and guidance of experts in the leave of absence space. Just remember that supervisors may be personally liable for FMLA denials or misinterpretations, and damages could include compensation for lost wages, benefits, court costs, and attorneys’ fees. Some state leave laws provide for additional measures of damages, such as emotional distress.

Read that: Unless you’re an FMLA guru and point person, know your limits. If this is new to you and the leave administrator now reports to you in your new managerial position, map out your own guidelines and checklists before you approve or sign off on any FMLA requests. And make sure that your boss or another member of senior management preapproves anything that has to do with granting FMLA, ADA, or workers’ compensation claims and/or time off. Qualified outside employment counsel should be consulted when there are any questions about company or employee rights or other conditions or obligations surrounding an FMLA leave. In short, FMLA determination and administration isn't always as straightforward as it looks, but its design and purpose are fairly transparent.. Things get "fuzzier" as we progress though this article, so keep up with me and keep your highlighter handy!

·         ADA

The Americans with Disabilities Act, or ADA, passed in 1990, applies to employers with fifteen or more workers and is a civil rights-oriented antidiscrimination law administered by the Equal Employment Opportunity Commission (EEOC). The ADA does not merely prohibit discrimination against people with disabilities: it imposes additional affirmative obligations on employers to accommodate the needs of people with disabilities and facilitate their economic independence. As such, the ADA is not a “leave” statute, per se; it is a law intended to bring disabled employees back into the workplace. Note that a leave of absence may be—and often is—a means of providing a “reasonable accommodation” under the law.

Other reasonable accommodations within a job may include special equipment, extended break periods, a modified work schedule, or a transfer. Further, a “qualified individual with a disability” can perform the “essential functions” (i.e., fundamental duties) of the job either with or without a reasonable accommodation. That’s why job descriptions are so important: when constructed correctly and objectively, they outline the essential functions of the position and avoid any appearance that an employer is subjectively rationalizing a rejection of an individual with a disability. 

The terms above in bold are subject to legal interpretation and medical provider opinion, of course.  Bear in mind, however, that additional time off beyond the twelve weeks provided by the FMLA may be considered a reasonable accommodation under the ADA. And that’s where the lines blur as the two laws overlap. In the past, the twelve weeks of FMLA were the extent of the employer’s obligation. Then, at a certain point in time, interpretations began to emerge based on case law that leave time in addition to the twelve-week FMLA period could be extended if there was a specific return-to-work date (for example, an additional two weeks beyond the initial 12-week period) and it was for a finite period of brief duration (typically lasting thirty days or less). Nowadays, plaintiff attorneys argue aggressively that there should be no or few limits to leave time beyond the initial twelve-week period under the FMLA, as a part of the ADA reasonable accommodation umbrella. Still, the law does not require an employer to provide indefinite leaves. Several courts have held that an employer cannot accommodate unpredictable or sporadic absenteeism.

How your organization treats this particular matter should be discussed upfront with your boss and/or with qualified legal counsel. In short, when it comes to FMLA and ADA interaction issues, you want the highest sources of authority that you can find to help determine your organization’s go-forward policy interpretations and practices. Then ensure that you have the appropriate approvals to accept an ADA impairment before you begin accommodating one!

Employer defenses to ADA reasonable accommodation requests include determinations that an employee cannot perform the essential functions of the job either with or without a reasonable accommodation; undue hardship (typically financial or operational); and possibly a direct threat of harm to oneself or to others. Those defenses, however, may be difficult to prove and remain subject to legal challenge.

Further, the ADA adopts many of the powers, remedies, and procedures set forth in Title VII of the Civil Rights Act, including reinstatement, back pay, and reasonable attorneys’ fees. To make matters riskier for employers, the 1991 Civil Rights Act increased remedies to include a right to jury trials and compensatory and punitive damages for willful or intentional violations. Read that: It’s well worth your time discussing ADA accommodation requests with your boss, leave of absence specialist, and/or qualified outside legal counsel each step of the way in case administration. 

The ADA defines a “qualified individual with a disability” as a person who (1) has a physical or mental impairment that limits “one or more major life activities,” (2) has a record of such an impairment, or (3) is regarded as having such an impairment (even if the impairment does not in fact exist).  An impairment is a “disability” only if it substantially limits one or more major life activities by its nature or severity, how long it will last or is expected to last, and its permanent or long-term impact or expected impact.

This “regarded as” element of the law, however, adds an additional burden to its interpretation and practical application. It infers that even if a person does not have a particular disability but is “regarded as” having one, that individual is covered by the Act. For example, if an employer incorrectly believes that an applicant who is qualified to perform the job has a learning disability and refuses to hire the individual based on that belief, the employer may violate the ADA.  Note as well that the federal ADA may have state equivalents (for example, California’s Fair Employment and Housing Act). And the ADA is the first law of its kind to apply non-employees as well: job applicants are covered under the Act, and employers are required to engage in the ADA interactive process and determine if reasonable accommodations may be available to hire a candidate.

The ADA is most identified with its requirement to engage in an "interactive process" with impacted workers. What does that mean? It’s essentially a collaborative "problem-solving" dialogue between an employer and an employee to determine what—if any—reasonable accommodation will allow that employee to perform their job effectively. And it's not intended to be a one-time sit-down brain-storming session: the "process" is "ongoing" as circumstances change. "Accommodations" that both parties might agree to include specialized software, a modified work schedule, or physical changes to the workspace.

Note that the employer doesn't have to provide the exact accommodation the employee requests, as long as the one chosen is effective. For example, an employer isn't required to provide an accommodation if it causes "significant difficulty or expense," though this can be a high bar to meet. Further, both sides are required to engage in "good faith" efforts and "ongoing" discussions over time. For example, if an accommodation isn't working after a month, the interactive process should be reopened to find a better solution. Likewise, it's critical that you--the employer--document each discussion in detail. What did the employee suggest? What did the company come back with? What was decided (if anything)? What are the next steps?

For an employer, participating in the interactive process is their best legal defense. Even if a reasonable accommodation ultimately doesn't exist, the fact that they tried in good faith often protects them from discrimination claims. For the employee, it's the primary tool for staying employed and productive. Of special note:

Beware this common misconception: A worker doesn't have to be "100% healed" to return to work. The interactive process is specifically designed to find the middle ground where employees can work while still managing a condition. Again, the ADA was designed with noble intentions, but once the potential for jury trials and punitive damage awards were added to the mix, ADA and disability discrimination claims shifted from a trickle to a flood. What started as a revolutionary civil rights law has evolved into a primary driver of modern workplace and civil litigation. As such, the "interactive process" is no longer a suggestion—it's a critical legal shield against this rising tide of litigation.

·         Workers’ Compensation

Workers’ compensation is a no-fault insurance system that is compulsory for most employers and designed to provide benefits to workers injured on the job. Basically, employers give up the right to challenge a claim for a work-related injury, and workers give up the right to sue employers through costly litigation in civil court. Workers’ compensation is the “exclusive remedy” for workplace injuries or illnesses. In many states, it applies to organizations with one or more employees and is administered by the state department of workers’ compensation (which may fall under the Industrial Relations or similar department). It generally recognizes five types of workplace-related injuries:

(1)   Specific physical injury

(2)   Cumulative physical injury (e.g., repetitive motion)

(3)   Specific mental injury

(4)   Cumulative mental injury (i.e., stress and claims of psychiatric injury)

(5)   Mental/physical injury (i.e., stress injuries that manifest themselves in physical symptoms, such as gastrointestinal problems or headaches)

Such workplace-related injuries or illnesses must arise in the “course of employment” (COE) or “arise out of the conditions of employment” (AOE). With workers’ compensation claims, there is generally both an employment guarantee and position guarantee once a worker is released to return to work.

Before approving a workers’ compensation claim, understand that there are again complex considerations to be aware of:

• Does an employer-employee relationship exist?

• Did the injury occur within the course of employment or arise out of conditions of employment? Were dangerous or unlawful behaviors involved? (Intoxication plays a role in roughly ten percent of workplace injuries.)

• Was the injury intentional or self-inflicted? 

• Was the claim a result of an altercation where the injured party was the physical aggressor, was it a result of horseplay on company premises, or was the injured worker engaged in a felony or commuting to or from work?

In such cases or in situations where “good faith personnel actions” are involved, exclusions from workers’ compensation coverage may apply. Note that employees sometimes use the same workers’ compensation attorney who relies on the initial claimant to “recruit friends,” especially for cumulative trauma types of claims.  There’s not much that your organization may be able to do to challenge such claims, but group settlements may be an option in certain cases.

Most employers offer “modified duty programs,” which are temporary in nature and available for employees released back to work with restrictions. The return-to-work form must include any and all work restrictions documented in writing and signed by the treating physician.

ADA accommodations may overlap here. The employer may be obligated to return the injured employee to work if they're able perform all essential job functions with reasonable accommodation. If the accommodation will not enable the employee to perform their essential job functions, then under workers’ compensation protocols, the employer may nevertheless decide to return the employee to work in order to perform “light duty.”

A light duty program may temporarily relieve the employee of performing certain essential job functions while recovering from injury. If the company is not able to provide modified duty, the employee will generally only return to work when a release to full duty has been obtained from the treating physician. Here again, the employer may be subject to ADA accommodation requirements. Employers should avoid imposing a “100% healed” return to work policy, because partially disabled employees may be able to return to work with accommodation. 

In any event, it is often best to attempt to return a worker to the office, shop floor, or other location: Even if they’re only “folding napkins,” they generally benefit from being back at the worksite and socializing again with peers and friends. In fact, the longer that employees remain away from work, the less the chance that they’ll ever return. So, get them back on modified duty whenever possible, and consider creating a return-to-work incentive plan, if possible.

Medical benefits for workplace accidents (including rehabilitation), wage-loss benefits for disability, and death benefits for fatalities are available to claimants under the workers’ compensation system. “Temporary disability” biweekly payments come into play until a worker receives a return-to-work release or is otherwise deemed ineligible to return to work. “Permanent disability” occurs when a worker is declared “permanent and stationary” and has reached maximum medical improvement, or “MMI status,” meaning that the individual has recovered to a point where their condition will not get any better or any worse. “Vocational rehabilitation” and “supplemental job displacement vouchers” may come into play for enrollment in education-related training that permits the return to suitable gainful employment (typically after one year of leave). The employer’s obligation to provide vocational rehabilitation typically terminates when the employer offers modified or alternative work that the employee accepts or rejects. Benefits’ continuation under COBRA typically comes into play at this point as well.

Important Note: Employers should usually coordinate workers’ compensation time off with FMLA leave. The time that an employee is off work for a work-related injury or illness can also count against the available leave under FMLA.  In order to ensure that this is the case, an employer should give the employee written notice that FMLA job protection leave is invoked. Therefore, make it a practice to issue FMLA leave letters to anyone requiring time off under workers’ compensation.  

Finally, your workers’ compensation administrator may have limited time to accept or deny a claim. (In many state jurisdictions, the limit is 90 days). An injury is presumed to be “compensable” (i.e., approved) if it is not rejected or denied within  the applicable time period. Employment guarantees (for example, twelve months) and position guarantees (for example, six months) may vary on a case-by-case basis. Note as well that total temporary disability payments may exhaust after a period of time, typically at 104 weeks, after which permanent disability benefits may become available. In all cases, check with your state laws to ensure you have a clear understanding of the timing and reporting requirements involved. As a best practice, ensure that supervisors are completing a “report of injury” at the time of the event and attempt to identify the root cause of an injury. Proactive safety programs, same-day injury reporting, and effective root cause analysis all go a long way in ensuring a safe and healthy workplace. 

Workers' compensation settlements have grown significantly in size because they no longer just cover a few weeks of missed work. Instead, they have evolved into complex financial "buyouts" of a lifetime of potential liabilities. When attorneys "raise the stakes," they aren't just haggling over a number; they are identifying and pricing every possible future expense that the insurance company would otherwise have to pay over the next 20–40 years. Settlements can be particularly costly due to the shift toward lump-sum "Compromise and Release" agreements. In these deals, the insurance company pays a large amount upfront to close the file forever. To reach that number, attorneys calculate several "high-expense elements," including:

1. Future Medical Care (The "Open Medical" Buyout)

This is usually the largest component. If a worker has a permanent back injury, the insurer is legally obligated to pay for their doctors, physical therapy, and medications for life. This often involves a "Multiplier Effect" that includes all future treatments and surgeries and other high-cost procedures, indexed for inflation,

2. Permanent Disability & Earning Capacity

Settlements aren't just for "pain and suffering" (which isn't actually a category in workers' comp). They are for Permanent Partial Disability (PPD), which depends on specialized "Impairment Ratings." A slight change in a rating (e.g., from 15% to 20% impairment) can trigger tens of thousands of dollars in additional statutory benefits.

3. Medicare Set-Asides (MSA)

If a worker is on Medicare (or soon will be), federal law requires that a portion of the settlement be set aside specifically for future injury-related medical costs so that the burden doesn't shift to taxpayers. These MSAs are often calculated by professional actuaries and can reach six figures on their own.

Beware the "3x" Rule: Statistics often show that represented workers receive settlements significantly higher (sometimes up to 3 times higher) than unrepresented workers, primarily because attorneys know which "hidden" benefits to demand. Therefore, strategize how to best care for injured workers so they don't feel the need to seek legal representation of their own.

Again, your best bet is to rely heavily on your workers' comp "defense team," compromised of your workers' comp adjusters and case managers as well as your workers' compensation defense attorney. While "team" may be a bit of misnomer, you're relying closely on third-party vendors and service providers with deep-dive expertise in this space to help you navigate each settlement demand and close cases in a timely and cost-effective manner.

Devil's Triangle Integration and Overlap

Here’s where things start to really get interesting. . .

·         An injured worker taking leave under the workers’ compensation system may also trigger FMLA leave.  A workers’ compensation injury doesn’t automatically establish that a worker is protected by the ADA. That being said, an injured worker who has not completely healed may be entitled to undergo the ADA “interactive process” to determine if and how they can best return to work via a “reasonable accommodation.” Therefore, all three elements may be in play: Workers' Compensation (the trigger), FMLA (the job protection), and ADA (the reasonable accommodation process).

·         A serious health condition under FMLA may not qualify as a disability under the ADA. For example, an employee with mumps—clearly a serious health condition—would typically not qualify for protection under the ADA because it doesn’t meet the definition of ADA eligibility (i.e., a physical or mental impairment that limits “one or more major life activities").

·         A disability under the ADA (for example, HIV) might not trigger an FMLA “serious health condition” because the individual may not have any current symptoms that incapacitate that worker or require absences for treatment.

Yes, it’s confusing. In fact, it can feel downright mindboggling. Hence, my recommendation that you proceed with caution before approving or signing off on any FMLA, ADA, or workers’ compensation-related accommodations or leaves of absence. But there’s a simpler way to capture all of this together, and it bends toward the ADA piece. 

First, FMLA eligibility is more transparent and easier to interpret based on the clarity of the law and how it was originally written. Because it was intended only for a finite period of time, it was a simpler law to codify, apply, and follow.  In comparison, workers’ compensation can be particularly challenging and has a parlance an ecosystem all its own. You can safely rely on your third-party administrator or workers’ compensation attorney for recommendations to help you evaluate claims and proffer settlements to close them out. However, these professionals will refrain from offering advice on ADA or FMLA compliance. That being said, the ADA brings all three worlds together because it’s the “verb” in the equation: the ADA interactive “process” demonstrates and tracks your actions and attempts to return the individual to work. Again, the reasonable accommodation obligation is ongoing: employers must try more than once to accommodate an employee, and a good faith interactive process is an ongoing effort. 

The steps you take need to be consistent, timely, and documented. You can apply the ADA interactive process action steps while the FMLA clock continues to run and while the workers’ compensation claim is still ongoing.  Monitoring an ADA claim in writing using an "ADA action worksheet" permits you to track this living document closely and update it at specific intervals, while workers’ compensation claims are at hand and underway (which supports your ADA and FMLA documentation efforts as well).

Clean, clear, and to the point, the ADA action worksheet documents your company’s engagement steps in attempting to return the individual to work, including transfers, reassignments, time-off extensions, physical workplace accommodations, and the like. It captures your affirmative efforts by date and by option(s) considered, all in conjunction with the medical provider’s instructions in play at the time. It affirms that the employee received the current list of job openings at each interval to ensure awareness of vacant positions. How often these meetings occur depends on the employee’s particular circumstances, of course, but armed with this ADA interactive worksheet, you can successfully engage in the interactive practice while the FMLA clock continues to run and in conjunction with your workers’ compensation administrator’s claims advice. 

For sample ADA action worksheets/trackers and more on this "Devil's Triangle of Leave Laws," see the FMLA-ADA-Workers' Comp Playbook on my website (https://www.paulfalconehr.com/product-page/fmla-ada-workers-comp-playbook) or my book, "The First-Time Manager: HR" (https://www.harpercollinsleadership.com/catalog/paul-falcone/).

I hope you found this overview helpful and feel like you can finally say, "I get it!" (or at least "I'm starting to get it!"). Continued success in all you're doing, and thanks for reading my blog post!

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