Can ADA and FMLA Run Concurrently?
The Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA) are two laws that protect the rights of employees. Although they have different requirements, there are instances where they may intersect, leading to confusion for employers and employees alike.
One question that is often asked is whether an employee can take FMLA leave and still have ADA rights, leading us to the topic of whether Canada and FMLA can run concurrently.
Understanding the FMLA and ADA
When it comes to employment law, the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are two significant pieces of legislation that can affect employees and employers in different ways. While the two laws share some similarities, they have distinct requirements and entitlements for employee and employer.
FMLA Overview
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family or medical reasons. This leave may be taken all at once, intermittently, or as a reduced schedule.
Employers who have 50 or more employees within a 75-mile radius must comply with the FMLA. The law applies to all government employers (local, state, and federal).
To be eligible for FMLA leave, an employee must have worked for their employer for a minimum of 12 months and have worked for at least 1,250 hours in the preceding 12 months.
Qualifying reasons for taking FMLA leave include the birth, adoption, or foster care of a child, caring for a spouse, child, or parent with a serious health condition, the employee’s own serious health condition that prevents them from working, and certain situations related to military service.
ADA Overview
The ADA is a federal law that prohibits employment discrimination against individuals with disabilities. It applies to employers with 15 or more employees and covers all aspects of employment, including job application procedures, hiring, firing, promotion, compensation, training, and other employment-related activities.
An employee is considered disabled under the ADA if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment.
The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities to enable them to perform the essential functions of their job. Accommodations may include modifications to the work environment or work schedule, acquiring or modifying equipment, or providing additional unpaid leave beyond the employee’s FMLA allotment.
Employers must engage in an interactive process with the employee to determine what, if any, accommodations are necessary and feasible. The employer does not have to provide an accommodation if it would cause an undue hardship on the business.
It is important to note that workers who have used up their FMLA leave may still have rights under the ADA if they meet the ADA definition of a person with a disability, and additional leave as an accommodation may be required.
The Intersection of the FMLA and ADA
When workers have already utilized their Family and Medical Leave Act (FMLA) leave, their rights under the Americans with Disabilities Act (ADA) may still be protected if they meet the ADA’s definition of a person with a disability. Accommodation is one of the rights that they can avail themselves of.
This can take the form of additional leave beyond their FMLA leave, which may be provided under the ADA. It is, therefore, important to understand how the ADA and FMLA intersect to ensure that employees’ rights are upheld.
Can ADA and FMLA Run Concurrently?
Yes, ADA and FMLA can run concurrently. However, employers need to determine if an employee must take ADA and FMLA separately or if they can be taken together.
Specifically, employers must consider whether the request for leave is because of a serious health condition or whether it is due to a disability. If it is due to both, then the employer must determine if the two laws can run concurrently.
Ultimately, the employer must provide the employee with the greatest amount of protection available under the law.
Key Factors to Consider in ADA and FMLA Intersection
Employers and employees alike must consider several key factors to determine if ADA and FMLA can run concurrently or if they must take them separately. Below are some of the most important:
Employer Size Matters
The size of the employer is an important factor in determining whether ADA and FMLA can run concurrently. FMLA applies to government employers (local, state, and federal) as well as private businesses with 50 or more workers within 75 miles.
On the other hand, the ADA applies to employers with at least 15 workers.
Medical Certification and Accommodations
Medical certification is required for FMLA. Employers must provide employees with an explanation of their rights and responsibilities under FMLA and require them to provide medical certification for the FMLA-qualifying absence.
Meanwhile, reasonable accommodations for an employee’s disability are required under ADA. Reasonable accommodations must be provided to employees with a disability to enable them to perform the essential functions of their job.
This includes accommodations during FMLA leave.
Implications for Employers and Employees
As 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, there is an intersection between the two laws. This intersection affects both employers and employees, especially when it comes to their rights, entitlements, and obligations.
Employer Obligations and Compliance
Employers have obligations under both laws, and compliance with both is vital. To comply with both FMLA and ADA requirements, employers should ensure that their policies and practices support the provisions of both laws.
Employers can provide additional leave as an accommodation under the ADA as long as it does not cause undue hardship on the organization. Employers who fail to comply with these laws may face legal consequences, such as lawsuits and damages.
Employee Rights and Entitlements
Employees have rights and entitlements under both laws. If a worker meets the definition of “disability” under the ADA and “serious health condition” under the FMLA, then the employee may have rights under both policies.
Employers should inform employees of these rights and entitlements and provide the necessary accommodations. Employees who do not inform their employer that they need these accommodation(s) may lose their right to any additional leave under the ADA.
FAQs on the Intersection of ADA and FMLA
Can an employer require an employee to exhaust FMLA leave before making ADA accommodations?
Can an employee take FMLA leave for an ADA-accommodated work schedule?
Can an employee take intermittent FMLA leave for medical appointments covered under ADA?
Conclusion
Employees who meet the definition of a person with a disability under the ADA can still have rights under the law even after their FMLA leave has been exhausted. The ADA provides accommodation rights and additional leave as an accommodation could be provided.
It is important to understand how both laws intersect since both public sector and private business employers with more than 50 workers can be covered by both laws. Eligible employees can take up to 12 workweeks of unpaid leave under FMLA and still have group health benefits maintained during the leave.
The ADA protects the rights of individuals with disabilities in the workplace and applies to employers with 15 or more workers.
