2025 GSHHRA Annual Conference-Jason Logan

Jason Logan - The Bermuda Triangle

Pdf Summary

The document "A Wider Lens on Workplace Law" by Jason C. Logan, Esq., aims to assist HR professionals in navigating the complex intersection of the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and state workers' compensation laws, collectively referred to as the "Bermuda Triangle" of workplace law. It emphasizes the importance of understanding the overlapping requirements and implications of these laws, which are integral to handling workplace injuries and disabilities effectively.

Key areas discussed include:

1. <strong>Workers’ Compensation (WC)</strong>: A state-specific program offering medical and income benefits for work-related injuries, with certain defenses available against claims. However, WC claims do not absolve employers of ADA or FMLA responsibilities.

2. <strong>ADA Essentials</strong>: Applicable to employers with 15 or more employees, it mandates the provision of "reasonable accommodations" for employees with disabilities to facilitate their continued employment. It doesn't require monetary compensation but supports job restructuring and leave as accommodations, provided undue hardship is not imposed on the employer.

3. <strong>FMLA Requirements</strong>: Provides eligible employees with leave for serious health conditions, capped at 12 weeks. It includes stipulations for maintaining benefits and involves specific eligibility (12 months of employment and 1,250 hours worked).

The document also outlines scenarios exemplifying the interplay of these laws, guiding HR in decision-making processes regarding leave, accommodations, and potential termination, emphasizing due process, engaging in interactive dialogue, and thorough documentation. Additionally, it highlights special considerations such as the need to consult legal advisors to navigate lingering uncertainties, avoid retaliation claims, and ensure compliance with federal and state-specific rules. 

Overall, the document serves as a practical guide for HR professionals to manage employee health-related work absences compliantly, emphasizing the importance of informed decision-making and legal consultation.

Keywords

workplace law

Americans with Disabilities Act

Family and Medical Leave Act

workers' compensation

HR professionals

reasonable accommodations

employee leave

legal compliance

workplace injuries

employment law