January 2004

This Employer Guide is available for download as a PDF file in the Online Report Library.

Handling employee requests for time off due to illness or injury can be one of the most difficult--and frustrating--parts of an employer's job. That's because a complicated array of state and federal laws governing family leave, workers' compensation, and disability discrimination may come into play--each involving different rules, definitions, and obligations. And complying with one law won't get you off the hook if an employee sues you under another.

For example, a work-related injury is covered by workers' comp, but if it qualifies as a "serious health condition," the family leave laws kick in as well. And some serious health conditions--including those stemming from work-related injuries--may also be defined as disabilities protected under state and federal antidiscrimination laws. As a result, satisfying the family leave and workers' comp rules may not be enough to fulfill your accommodation obligations.

In this Employer Guide, we'll sort out the complex rules governing workers' compensation, the Americans with Disabilities Act, and the Family and Medical Leave Act--as well as the California disability and family leave laws.

We'll walk you through some of the most common problems employers grapple with when the laws overlap, and we'll provide tips on how to deal with them. Finally, we've included step-by-step compliance flowcharts you can use to help make sure you're doing everything right.

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