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If your company has more than 50 employees within a 75-mile radius, it must follow the requirements of the Family and Medical Leave Act (FMLA). There are also additional federal and state laws that your company must abide by in order to remain compliant with leave entitlement programs. These laws include the American with Disabilities Act Amendments Act (ADA-AA), workers’ compensation laws, Uniformed Services Employment and Reemployment Rights Act (USERRA), and state leave laws.
It is imperative that employers stay up to date on changing compliance requirements in order to ensure that employees receive the benefits and protections of these laws, as well as to control costs, and avoid possible penalties.
Three of these laws, FMLA, ADA-AA, and workers compensation, often intersect and can be tricky for employers to follow. These laws are sometimes referred to as a “Bermuda Triangle” of employee leave. Decisions about employee leave, as well as tracking of leave and documentation must be handled properly, or your company could face lost productivity and compensatory or punitive damages.