The mix between FMLA laws, ADA regulations and Workers Compensation

There is a case which set a precedent in FMLA laws for the separation of function between the different regulatory acts. In Barry versus Team Mobile, the 10th US Circuit Court of Appeals(CO, UT, WY, OK, NM, KS) held that the employer's granting of an employee's FMLA leave request did not mean that the company regarded the employee as disabled. What happened was the employee, had had Multiple Scoliosis for a long period of time and the employee was given occasional FMLA leave per FMLA laws from time to time. There was no problem with FMLA compliance.

FMLA laws don’t cover accommodations, but ADA laws do

There were performance issues associated with that employee's work product irrespective of the leave. They actually put Barry on a performance plan and over the course of time, eventually decided to terminate Barry. Barry sued and said, you regarded me as disabled. In that case, the Tenth Circuit said, no. What they did was they granted you leave under FMLA laws, because you asked for it. That doesn't mean they regard you as disabled.

So, when you look at this intersection, there are no extensions beyond the 12 weeks under FMLA laws. Once you've used up your 12 weeks, you're done with your FMLA leave for those 12 months. However there could be all kinds of accommodations under the American's with Disabilities Act.

An employee returning from Family Medical Leave must be able to perform all the essential functions of the job. They have to be certified as ready to return to work. If not, they don't have to be restored to their job. And that's where you get the intersection of worker's compensation, because you'll get somebody who takes 12 weeks off and then say, I can come back if I can be on light duty.

You also have scenarios where you have somebody who, as a result, of something that qualifies them under FMLA laws, when they want to return, go, I can only return to the essential functions of my job with an accommodation.

Call counsel when the FMLA laws and ADA regs get too confusing

It's really a good case for a savvy HR manager to confer with human relations counsel and make sure that all of the possible laws are complied with and the right dialogue is started, if in fact the ADA is going to be triggered. That it's triggered at the right time so the employer has nothing to worry about.

Keep in mind, that as opposed to a serious health condition, what triggers the ADA is either an actual impairment of bodily function that is physical or mental, which substantially limits a major life activity or a prior record of impairment or being regarded as having an impairment.

Every disability is a serious illness. But under FMLA laws, not every serious health condition is a disability under the ADA.