Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.
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Facts. “Joe” is an employee of Good Fellows Industries, Inc., a large industrial employer. Joe has been out of work on FMLA leave for 10 weeks due to a serious back injury suffered in a skiing accident.
Joe’s injury is partially permanent and will substantially limit his ability to bend and lift. Before taking leave, Joe worked on the loading dock, lifting and carrying heavy cartons on a regular basis…