Navigating the HR Bermuda Triangle: Workers' Comp, FMLA and ADA

One of the most complex jobs for HR professionals is administering employee leaves while remaining in compliance with a myriad of laws. In fact, many HR professionals refer to the interplay of the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and Workers’ Compensation as the Bermuda Triangle of Employment Law because of the perils involved in navigating the interplay between these complicated laws.

When dealing with employee absenteeism, employers need to carefully navigate the “Bermuda Triangle” of leave laws. This confusing and potentially costly place is created by the intersection of the Oregon and federal family leave laws, the Americans with Disabilities Act (“ADA”), and the workers’ compensation laws. An employee with frequent or unreliable absences will often have protection under these laws.

Many HR professionals and employers feel a sense of dread when navigating “the Bermuda Triangle of leave laws.” This session will focus on the interplay between the various laws dealing with employee leaves and provide practical guidance on how to steer clear of stinging jellyfish in the form of the DOL, the EEOC, and state and local administrative investigative agencies looking to make examples of employers that fail to comply.

When employers consider all elements while managing an employee leave or claim, the overlapping processes of ADA, FMLA, and workers’ compensation run more smoothly. Because the ADA interacts significantly with the other two, the ADA interactive process is key to helping employers avoid being sucked into the Bermuda Triangle of HR law.

Participating in this webinar will provide participants with a clear understanding of each of these laws and how they interact with each other, incorporating that information into company policies, and the ability to communicate those policies to employees.

Some employee absence events may trigger not just one law, but the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and state workers’ compensation laws. Violations of these laws may cause penalties to employers and, in some cases, even to managers.

Nothing can trip HR professionals up as much as the Bermuda triangle of leave laws including the Americans with Disabilities Act, the Family Medical Leave Act and Worker's Compensation. Not only are these laws complicated and legalistic, but they are difficult to apply and even more confusing when worker's compensation is involved.

The intersecting of these three laws is complicated and open to problems if not handled correctly. ADA, FMLA, and Workers' Compensation have different goals and protections for employees, yet all three have provisions that may require an employer to give job-protected time off when the right circumstances are met.  

The majority of unscheduled and scheduled absences are related to the illness of employees or their family members. Under those circumstances, one, both, or all three of these laws may be involved. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages. 

It's essential for employers to understand Federal and State laws with respect to these three laws in order to be compliant. In addition to employers' legal responsibilities, employers also have moral and ethical responsibilities to ensure employees receive the benefits and protections these laws provide.

• Recognize the interaction of the ADA, FMLA, and workers’ compensation laws
• Understand the purposes of the three laws and why they often conflict
• Identify the areas of interplay between the three laws those employers need to consider when managing employee absenteeism
• The overlapping processes of ADA, FMLA, and workers’ compensation and determine how they can run more smoothly.
• The ADA interactive process – key to avoiding the Bermuda Triangle
• Steer clear of stinging jellyfish: the DOL, the EEOC, and state administrative agencies

• Leaders
• HR professionals
• Managers
• Supervisors
• Business Owners
• Trainers and OD professionals