Abstract
When an employee has taken leave for an on- thejob injury, both the employee and the employer usually can see a definite end to the leave period. However, there are those times when there is no foreseeable end to the leave, either because the employee has not been released for work by a doctor or because the employee will not convey necessary information to his employer. Faced with this situation, many employers feel hamstrung. The work is not getting done, but any number of laws seem to prohibit the employer from taking any action against the employee, for example, firing the employee. “Avoiding the Bermuda Triangle” demystifies these situations by clearly delineating the rules and regulations of the three applicable laws—Americans with Disabilities Act, Family and Medical Leave Act and state workers’ compensation laws—and stressing that the laws and their specific terms are not interchangeable.
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