It happens all the time – a problem when various leave laws and workers’ comp rules overlap.
Case I: An Illinois maintenance technician who suffered from depression took family and medical leave for treatment. He used up his leave time before he was released from the treatment center, so his employer terminated him. The employee filed suit against his former organization for failing to engage in the interactive process and provide reasonable accommodation.
Case II: In California, a paralegal filed suit against her employer, claiming it fired her for taking leave to undergo open-heart surgery. The employee, who was diagnosed with a heart disorder months earlier, was granted unpaid leave to undergo the surgery, but later the firm allegedly reneged on the accommodation and terminated her.
Complicated issues like these arise all the time when the line separating employee FMLA rights, applicable workers’ comp coverage, and ADA entitlements isn’t always clear.
HR's rights and obligations can get murky, and it’s imperative that you know how to determine precisely what you can and can't do when facing the treacherous triangle of disability and leave laws. That’s where we can help.
