The Bermuda Triangle Has Expanded: The FMLA's Intersection with the ADA, Workers' Compensation and More

Authors: Michelle Barrett Falconer and Alexis C. Knapp, Littler

The Family and Medical Leave Act (FMLA) regulations and guidance offered by the Department of Labor (DOL) provide fairly specific rules to follow in the administration of FMLA leave. Although these rules govern how the FMLA leave itself should work, they do not cover all of the other - and often concurrent - employment-related obligations that employers may have. Most commonly, this intersection of rights has been referred to in publications and presentations as "The Bermuda Triangle," and typically includes a discussion of the FMLA, the Americans with Disabilities Act (ADA) and workers' compensation laws. Importantly, however, the overlaps are far more extensive than this "triangle" suggests.

A chart summarizing many of the questions and issues that arise under the below employment laws and obligations when employees seek, take and return from FMLA-type leaves is available by clicking here.