ADA Intermittent Leave: Expert Advice 2023
Understanding ADA Intermittent Leave and expert advice for 2023.
Can you explain ADA intermittent leave?
ADA Intermittent Leave is a type of employee leave that provides workers with disabilities an opportunity to take time off work on a recurring or occasional basis to manage their health conditions. This leave can be taken in small increments, rather than all at once, allowing employees greater flexibility.
Who is eligible for ADA Intermittent Leave?
Employees who have a disability under the Americans with Disabilities Act (ADA) and who need a reasonable accommodation for their condition may be eligible for ADA Intermittent Leave.
How to Request ADA Intermittent Leave?
To request ADA Intermittent Leave, an employee must make a request for a reasonable accommodation. Employers may request medical certification to support the need for intermittent leave.
What is the duration of ADA Intermittent Leave?
The duration of ADA Intermittent Leave is determined by the medical needs of the employee.
Do you need some guidance regarding FMLA and ADA leave laws? Check out this Youtube video titled “Interplay Between FMLA and ADA:
Navigating Leave Laws” for some helpful insights.
Find out how to manage leave advice, employee engagement, and remote work effectively with this informative video!
What is ADA Intermittent Leave?
ADA Intermittent Leave is a type of leave that is offered to qualified individuals with a disability under the Americans with Disabilities Act (ADA). This type of leave allows employees to work part-time or take occasional time off as a reasonable accommodation for their disability, provided that it does not impose an undue hardship on the employer.
ADA Intermittent Leave is different from FMLA leave, which is typically used for longer periods of continuous absence from work.
Eligibility for ADA Intermittent Leave
ADA Intermittent Leave is available for employees who have qualified disabilities and require time off or reduced schedules as an accommodation to perform the essential functions of their job. To be eligible, the employee must:
- Be a qualified individual with a disability, as defined in the ADA;
- Be able to perform the essential functions of their job with or without a reasonable accommodation;
- Request for an accommodation that involves intermittent leave or a reduced schedule; and
- The requested accommodation does not impose an undue hardship on the employer.
Intermittent leave may be appropriate if:
- No other effective accommodation exists;
- The employee is not eligible for leave under FMLA, but has a qualifying disability under the ADA; or
- Intermittent leave is necessary to address the employee’s disability-related issues, such as doctor appointments or flare-ups.
Examples of qualifying disabilities that may entitle an employee to ADA Intermittent Leave include but are not limited to:
- Cancer
- Heart disease
- Depression or anxiety
- Seizure disorders
- Muscular dystrophy
- Diabetes
Reasonable accommodations may include a flexible work schedule, modified job duties or equipment, and leaves of absence. However, these accommodations must not impose an undue hardship on the employer, such as significant difficulty or expense in relation to the size, financial resources, or nature of the business.
Benefits of ADA Intermittent Leave
ADA Intermittent Leave is beneficial to both employees and employers alike. This leave provides the opportunity for employees with disabilities to work on a part-time reduced schedule and take time off occasionally without negatively affecting their work.
Moreover, it helps employers manage their workforce and ensure compliance with the ADA requirements.
Improved Productivity
By providing ADA Intermittent Leave, employers can offer reasonable accommodations to employees with disabilities while maintaining their full-time workforce. This allows employees to continue working and providing value to the company, while taking the necessary time off to manage their health without impacting their productivity.
Reduced Absenteeism
Since employees with disabilities may require time off for medical appointments, procedures, and other issues, ADA Intermittent Leave can help reduce absenteeism. By allowing employees to take time off when needed and work on a reduced schedule, it enables them to manage their health and still maintain their employment.
Increased Morale
When employees with disabilities feel supported by their employers, it can boost their confidence and give them a sense of belonging. Providing reasonable accommodations like ADA Intermittent Leave can increase employee morale by showing that the employer values the employee’s contribution to the company and is willing to work with them to find appropriate solutions.
Compliance with ADA Requirements
Employers who provide ADA Intermittent Leave are in compliance with the Americans with Disabilities Act. Under the ADA, employees with disabilities can request reasonable accommodations to ensure that they can work to the best of their abilities.
By providing this leave, employers meet the ADA requirements and show their commitment to inclusivity, diversity, and supporting their employees with disabilities.
How to Request ADA Intermittent Leave
Requesting ADA intermittent leave may seem daunting at first, but it’s important to know your rights and understand the process. Here are the steps to take when requesting ADA intermittent leave:
Determine if you are eligible
First and foremost, determine if you meet the eligibility requirements for ADA intermittent leave. You must be a qualified individual with a disability who can perform the essential functions of your job with or without reasonable accommodation.
Your employer must also have at least 15 employees and be covered by the ADA.
Discuss with your employer
Discuss your need for ADA intermittent leave with your employer. You must provide enough information for your employer to understand the nature of your request and how it relates to your disability.
It’s important to engage in the interactive process with your employer to determine if an accommodation can be made.
Provide medical documentation
Your employer may require medical documentation that supports your need for ADA intermittent leave. This documentation should include the nature of your disability, the limitations that result from the disability, and how the requested accommodation will help you perform the essential functions of your job.
Work with your employer to create a plan
You and your employer should work together to create a plan for how you will take intermittent leave. This may include scheduling leave in advance or providing notice as soon as possible.
Your employer may also require you to use paid leave first before taking unpaid leave.
Be prepared for challenges
Keep in mind that your employer does have an undue hardship defense if allowing intermittent leave would cause significant difficulty or expense. Be prepared to work with your employer to try to find alternative accommodations if intermittent leave is not feasible.
Intermittent Leave vs. Continuous Leave
Intermittent Leave and Continuous Leave are both available under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), with some key differences.
Intermittent Leave
Intermittent Leave is defined as taking leave in separate blocks of time for a single qualifying reason. It may be appropriate when an employee is not eligible for Continuous Leave under FMLA, but has a qualifying disability under ADA.
For example, an employee who requires treatment for a chronic condition that requires ongoing care can take Intermittent Leave as needed for the medical appointments without having to use a continuous block of FMLA leave time.
In addition, if there is no other effective accommodation available, then taking Intermittent Leave may be a reasonable accommodation as per ADA guidelines.
Continuous Leave
Continuous Leave is defined as taking consecutive workdays as leave. For example, an employee may take Leave for six consecutive weeks for the birth of a child, surgery, or other qualifying event.
Similarities between both types of leave
Both Intermittent Leave and Continuous Leave can be taken under FMLA and ADA. An employer may not discriminate an employee for taking any type of leave under these laws.
Similarly, an employee’s job benefits, health insurance, and other related benefits must be maintained during both types of leave.
Differences between both types of leave
The key difference between Intermittent Leave and Continuous Leave is its duration. Intermittent Leave is taken in separate blocks of time, while Continuous Leave is taken in consecutive workdays as leave.
Continuous Leave may be appropriate for a longer period of disability, such as a recovery from a serious illness or surgery. Intermittent Leave, on the other hand, is appropriate when an employee is not eligible for Continuous Leave or requires a reasonable accommodation under ADA guidelines.
Moreover, employers may have an undue hardship defense when it comes to Intermittent ADA Leave, but the employee does not have the absolute right to such leave.
Intermittent Leave and Continuous Leave are both important types of leave for employees that require time off due to a medical condition, recovery, or any other qualifying event. It is important for both employers and employees to understand the differences and similarities between both types of leave to comply with federal laws and regulations.
Conclusion
Employers should understand that ADA intermittent leave is a reasonable accommodation that employees may request to manage their disability while still being able to perform their work duties. Employers should engage in an interactive process with the employee to determine if ADA intermittent leave is necessary and if it will cause undue hardship on the business.
Documentation of the discussion and agreement should be made. Employees should also understand their right to request ADA intermittent leave and provide all necessary documentation to support their request.
