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    Family and Medical Leave Act of 1993 (FMLA)

    FMLA requires:

    1. Unpaid leave for eligible employees for a total of 12 work weeks in any 12 month period for:

      • Birth of child;
      • Adoption of child;
      • Care for spouse, child or parent with serious health condition; or
      • Employee's health.
    2. Intermittent leave/reduced leave

    Compare the definition of disability under ADA, Workers' Compensation and "serious medical condition" under FMLA.

    1. ADA -- "disabilities"
      • A physical or mental impairment that substantially limits one or more of he major life activities of individual; or
      • Record of such impairment; or
      • Being regarded as having an impairment.

    2. Workers' Compensation -- "disability" not defined in Act.
      • Case law -- loss of earning capacity, whether permanent or temporary. Such impairments are only compensable if they occur as a result of services arising out of and in the course of employment.

    3. FMLA -- "serious health condition"
      • Hospital care
      • Absence plus treatment.
      • Pregnancy.
      • Chronic conditions requiring treatments.
      • Permanent/long-term conditions requiring supervision.
      • Multiple treatments.

    ADA and FMLA Concerns. The interplay between Workers' Compensation, the ADA, and the requirements of the FMLA is complex. The key is to address each statute individually as it applies to your situation.

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