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The sweeping changes in the newly enacted ADA Amendments Act (ADAAA) and the Family and Medical Leave Act (FMLA) have severely altered the economic and legal landscape for many companies. Employers, occupied with trying to keep their heads above water in a flood of dire economic news, may now find themselves struggling to understand the intricacies of these federal laws and how they might impact state workers’ compensation statutes. Interwoven throughout all of these laws are the rights and obligations associated with return-to-work (RTW) programs. This top ten list of common RTW mistakes, and the recommendations for avoiding and correcting them, may help guide employers through these challenging times.

Mistake #1. Failing to recognize the increase in the number of employees covered by the ADAAA.

For employers covered by the ADAAA (those with 15 or more employees), more employees will now satisfy the definition of disability and be entitled to reasonable accommodations, including those employees who have suffered on-the-job injuries.

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