2023 Guide: Using FMLA and ADA Simultaneously
Can You Use FMLA and ADA at the Same Time?
The Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) are two essential laws that help protect employees from adverse employment actions. Both laws provide employees with certain rights to manage their employment needs, such as time off for medical reasons or disability-related accommodations.
It is possible for employees to use both laws concurrently if they meet the eligibility requirements.
In this blog post, we will discuss how the FMLA and ADA apply to employees and the significance of complying with both laws.
Check out this Youtube video: “Effectively Managing Difficult FMLA & ADA Issues” if you want to know how to navigate employee leave and accommodations successfully. This video will provide insight into the complicated intersection of FMLA and ADA laws and ensure you’re prepared to handle any issues that arise.
Eligibility for FMLA and ADA Protections
The Americans with Disabilities Act (ADA) is a law that prohibits employers from discriminating against employees with disabilities. It applies to employers with 15 or more employees.
The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid leave for various medical and family reasons.
To be eligible for FMLA protections, an employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours in the preceding 12 months. There are also specific reasons for which an employee can take FMLA leave, including the birth of a child, adoption or foster care placement, caring for a spouse, child or parent with a serious health condition, or the employee’s own serious health condition.
The ADA protects employees with disabilities who are otherwise qualified for the job, meaning they can perform the essential functions of the job with or without a reasonable accommodation. An individual must have an impairment that substantially limits one or more major life activities to be considered disabled under the ADA.
The law also covers individuals with a record of a disability or who are regarded as having a disability.
An employee may be eligible for both FMLA and ADA protections if they have a serious health condition that meets the criteria for both laws. For example, if an employee has cancer, they may be eligible for leave under FMLA for their own serious health condition and also be protected under the ADA if they need an accommodation such as a modified work schedule or time off for medical treatment.
However, it is important to note that FMLA and ADA leave may not always run concurrently. Employers must provide eligible employees with both FMLA and ADA protections, but they can determine whether or not the leave will run concurrently or consecutively.
Understanding FMLA and ADA Leave
When it comes to work-leave, two main laws cover it: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The ADA applies to employers with 15 or more workers while the FMLA applies to all government employers and private businesses with 50 or more workers within 75 miles, with some exceptions.
Under FMLA, qualified employees are entitled to up to 12 weeks of unpaid, job-protected leave for their own or for their family member’s serious health condition, the birth, placement or adoption of a child or for qualifying exigencies. Similarly, under the ADA, employees with disabilities are entitled to requests for accommodations regarding their jobs, such as additional time off.
In some cases, workers can use both FMLA and ADA leave at the same time. Specifically, workers who have used up their FMLA leave could still qualify for rights under the ADA – especially if the worker meets the ADA definition of a person with a disability who needs accommodations such as additional leave.
Benefits of Simultaneously Using FMLA and ADA Protections
The simultaneous use of both the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) protections can provide several benefits for employees and employers alike.
Benefits for Employees
Employees who are covered under both the FMLA and ADA may be able to take advantage of additional job protections and benefits that they might not be able to access under just one of these laws alone. For example, if an employee has a serious health condition that qualifies them for FMLA leave, but they have exhausted their 12-week FMLA leave entitlement, they may still be entitled to additional leave as a form of accommodation under the ADA if they also meet the definition of a person with a disability.
Similarly, if an employee is able to return to work after FMLA leave but may need an accommodation to perform the essential functions of their job due to a disability, they may be able to request and receive that accommodation under the ADA. By using both protections, employees can ensure that they have the greatest possible job protection and benefits available to them.
Benefits for Employers
Employers who use both FMLA and ADA protections can benefit from employee retention and a positive company culture. By providing accommodations and allowing for additional leave as needed, employers can show their commitment to supporting their employees during difficult times.
Accommodations can also help employees return to work faster and more productively, and can help reduce the likelihood of litigation or grievances being filed against the employer. Additionally, offering comprehensive benefits packages can help attract and retain talented employees, which can benefit the company’s productivity and profitability in the long run.
Impact on Productivity and Profitability
By using both FMLA and ADA protections, employers can help ensure that their employees are able to take the time they need to tend to their health and well-being. Employees who are able to receive the accommodations and leave they need to recover from an illness or disability are likely to return to work more productive and engaged, which can benefit the employer’s bottom line.
Additionally, by offering comprehensive benefits packages, employers can attract and retain talented employees who are dedicated to their work, which can also improve productivity and profitability.
How to Apply for FMLA and ADA Leave Simultaneously
Can you use FMLA and ADA at the same time?
Yes, you can use both FMLA and ADA at the same time as long as you meet the requirements for both protections. This means that you have a serious health condition, or you are a caregiver of someone with a serious health condition, and you have a disability.
Requirements for notifying employers
When applying for both protections at the same time, you need to notify your employer about your need for leave. Under the FMLA, you need to provide 30 days’ notice if possible, but if it’s not possible, you need to give notice as soon as practicable.
Under the ADA, you need to let your employer know that you need an accommodation due to a disability. If you haven’t disclosed your disability to your employer yet, you need to do so.
Documentations needed to support requests for both protections
For FMLA, you need to provide medical certification that supports your need for leave. For ADA, you need to provide documentation that shows you have a disability and that you need an accommodation.
Your employer may also ask for additional documentation for both protections.
Steps to applying for both protections
First, notify your employer that you need leave and an accommodation. Second, provide the required documentation for both protections.
Third, work with your employer to determine if any additional information is needed. Fourth, determine if both protections can be integrated, or if they need to be taken separately.
Lastly, work with your employer to determine the length and terms of your leave, and any accommodations that need to be provided.
Managing Reinstatement Rights after Taking Leave under FMLA and ADA Protections
Employees who have been granted leave under the Family and Medical Leave Act (FMLA) and are disabled under the Americans with Disabilities Act (ADA) may be entitled to additional protections under both laws. While these laws have their own sets of guidelines, employees who are eligible for both protections may face some confusion as to how to effectively manage their rights to reinstatement after taking leave under each provision.
Explanation of Reinstatement Rights under FMLA and ADA
FMLA entitles eligible employees up to 12 workweeks of leave in any 12-month period due to a serious health condition or to care for a family member with a serious health condition. Once the employee has taken the leave, the FMLA requires the employer to restore the employee’s job (or an equivalent job) at the end of the leave period.
Under ADA, employees who are disabled (as defined by the Act) are entitled to reasonable accommodations that would help them perform the essential functions of their job. One such accommodation could be additional leave that goes beyond the employee’s FMLA leave period.
Employees who take leave under ADA are also entitled to reinstatement to their job, unless the employer can demonstrate undue hardship in providing such accommodation.
How to Ensure Proper Reinstatement after Using Both Protections
When an employee has used both FMLA and ADA protections, employer must make sure to comply with both laws’ provisions. Employers may want to consult with legal counsel to make sure that their policies are consistent with both sets of laws.
Moreover, it is advisable for employees to inform their employers that they are eligible for protections under both the FMLA and the ADA. This would require the employee to submit the necessary medical certification from their healthcare provider to support their claim.
Employers will then be able to provide the necessary accommodations the employee needs and retain them when they return to work, as long as undue hardship is not present.
Steps to Take if an Employer Fails to Comply with Reinstatement Requirements
If an employer fails to reinstate an employee to their job after taking leave under either FMLA or ADA, the employee may have the right to file a complaint with the United States Department of Labor. The department’s Wage and Hour Division would then investigate the complaint and enforce the employee’s rights under the applicable law.
Employees may also bring a civil lawsuit against their employer for violating their rights under either FMLA or ADA. During a lawsuit, the employee has the burden to prove that the employer violated their rights under the applicable law.
Employee Rights under FMLA and ADA Protections
Employees have workplace protections under both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
The FMLA provides eligible employees with up to 12 weeks of unpaid leave for certain medical or family reasons, such as the birth or adoption of a child, caring for a family member with a serious health condition, or the employee’s own serious health condition. The ADA prohibits discrimination against employees with disabilities, and employers are required to provide reasonable accommodations to such employees, unless it would cause undue hardship to the employer.
When both protections apply, an employee may be entitled to more leave or accommodations. If an employee has used all 12 weeks of FMLA leave but still needs time off due to a disability covered by the ADA, they may be entitled to additional leave as a reasonable accommodation.
For example, if an employee needs additional time off to recover from a disability covered under the ADA, such as cancer treatment or surgery, an employer may be required to provide additional leave beyond the 12 weeks provided by FMLA as long as it does not create an undue hardship for the employer.
Additional examples of employee rights protected by both FMLA and ADA include:
- Protections against employment discrimination based on an employee’s disability or need for medical leave
- The right to return to the same or an equivalent job after taking leave
- The right to interim and intermittent leave, as well as flexible work arrangements, as a reasonable accommodation
It is important for employers to understand both laws and their respective employee protections to ensure they are complying with all legal requirements and providing their employees with the necessary accommodations and leave to which they are entitled.
Challenges of Managing FMLA and ADA Leave Simultaneously
Managing employee leave can be challenging, especially when dealing with two different laws, The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), at the same time. One potential area of conflict between the two provisions is that FMLA requires providing employees with up to 12 weeks of leave per year for medical reasons, while the ADA requires employers to provide reasonable accommodations for employees with disabilities.
This means that employees could be requesting leave as an accommodation under the ADA while also being eligible for FMLA leave.
Another area of conflict is that FMLA has specific guidelines for when and how an employee can take leave, while the ADA does not. This means that if an employee is requesting leave as an accommodation under the ADA, the employer may have to provide additional leave beyond the 12 weeks allowed by FMLA.
In order to address these potential conflicts, employers should create a clear policy for managing FMLA and ADA leave simultaneously. This policy should include procedures for determining if an employee is eligible for both types of leave, how to handle requests for leave as an accommodation, and how to communicate with employees about their rights and responsibilities under each law.
Conclusion
Using both FMLA and ADA protections can provide employees with extended leave and accommodations, and employers must ensure compliance with both laws to avoid legal issues.
Under the ADA, workers who have used up FMLA leave can still have rights, including the right to accommodation, which can include additional leave. It is crucial for employers to plan for long-term absences and coordinate internally to provide necessary accommodations.
Providing comprehensive benefits packages that include healthcare, retirement savings, and time off can help attract and retain talented employees.
Reinstatement to the original job after taking a leave is required under the ADA’s reasonable accommodation rules unless it presents an undue hardship for the employer.
Finally, it is essential for employers to understand the notification requirements under different medical insurance plans, including COBRA, MHPA, CHIP, NMHPA, and WHCRA, to ensure they provide sufficient coverage to employees.
References
- U.S. Department of Labor – Family and Medical Leave Act (FMLA)
- U.S. Department of Justice – Americans with Disabilities Act (ADA)
- SHRM – Employers Embrace Leave Management as Springboard for DEI
- FBMC – Impact of PFML Changes and Updates: Spring 2023 Roundup
Workers who have used up FMLA leave can still have rights under the ADA if they meet the ADA definition of a person with a disability. Accommodation is one such right.
Additional leave (beyond the worker’s FMLA leave) could be an accommodation that must be provided under the ADA.
When an employee exhausts their FMLA leave, they may be eligible for additional leave as a reasonable accommodation under the ADA. However, the employer is not required to grant additional leave if it would cause an undue hardship to the business.
It is important to note that the ADA applies to employers with 15 or more workers, while the FMLA only applies to government employers (local, state and federal) and private businesses with 50 or more workers within 75 miles (with some exceptions).
Employers can benefit from offering comprehensive leave management packages that take into account both the ADA and FMLA to better support their employees’ needs and help retain talented workers. Additionally, employees and candidates should consider their priorities regarding benefits packages when evaluating job opportunities.
