This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee requests leave from work, as well as when an employee returns to work and requests a modified work schedule. Finally, this Article provides an overview of some of the potential solutions that a variety of commentators have suggested to help clarify the conflicting duties and responsibilities of employers and employees under the ADA, FMLA and the Workers' Compensation statutes.
Malloy, S. Elizabeth, "The Interaction of the ADA, the FMLA, and Workers' Compensation: Why Can't We Be Friends?" (2003). Faculty Articles and Other Publications. 45.