In a recent webinar on FMLA and ADA compliance, we discussed common compliance traps under the Family and Medical Leave Act and the Americans with Disabilities Act, and what employers can do to avoid them.
Employee leave and accommodation issues are rarely straightforward. The Family and Medical Leave Act and the Americans with Disabilities Act often apply at the same time, but in different ways. Employers who treat them as interchangeable can create unnecessary risk, as we have seen in prior discussions on ADA and FMLA compliance.
Understanding how these laws intersect and where they differ is key to avoiding common compliance mistakes.
The FMLA provides job-protected leave for qualifying family and medical reasons. Some FMLA-qualifying reasons are not “medical” at all (for example, military “qualifying exigency” leave). The ADA, by contrast, prohibits disability discrimination and requires employers to provide reasonable accommodations where appropriate.
One of the most common mistakes is assuming that if an employee does not qualify for FMLA leave, the analysis ends there. It does not. An employee who is not eligible for FMLA leave may still be entitled to an accommodation under the ADA, and that accommodation could include leave.
It is also important to understand that a “serious health condition” under the FMLA is defined more broadly than a “disability” under the ADA. As a result, the two laws do not always...
This article is commentary on matters of public concern. It is not legal advice. Consult licensed counsel about specific situations. This is Wrong. This is Illegal The President of the United Stat...