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Interplay of State Workers’compensation Statutes, the Americans With Disabilities Act and the Family and Medical Leave Act
By:Richard E. Yaskin, Esquire

The delicate balance between employee rights and employer prerogatives is placed under tension when employees seek to exercise their rights to return from medical leaves. This circumstance presents sometimes conflicting standards and protections that both employers and employees must approach with caution. As the Supreme Court continues to construe the ADA and begins to review FMLA cases and DOL regulations, the interplay of these statutes will become increasingly important.

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