Intermittent Ada Leave: Everything You Need to Know
Intermittent ADA leave is a type of leave that allows employees with a disability to take unscheduled leave in multiple blocks of time because of a single qualifying reason. It is an important accommodation in the workplace as it allows employees to manage their disability while continuing to work.
However, the employer has an undue hardship defense and the employee does not have an absolute right to such a leave.
Worried about navigating leave laws? Check out this Youtube video on the interplay between FMLA and ADA and learn about how intermittent ada leave can benefit both employers and employees!
Understanding Intermittent ADA Leave
Definition of Intermittent ADA Leave
Intermittent ADA leave refers to the unscheduled leave that an employee may take in multiple blocks of time because of a single qualifying reason, such as a medical condition, disability or illness. The Americans with Disabilities Act (ADA) allows eligible employees to request such leave as a reasonable accommodation under the law.
Reasonable Accommodation Requirements
Employers are required to provide reasonable accommodations to employees with disabilities under the ADA, including intermittent ADA leave. However, employers can claim an undue hardship defense, meaning that providing the requested accommodation would cause significant difficulty or expense for the employer.
In determining whether a requested leave constitutes a reasonable accommodation or an undue hardship, employers must consider various factors, such as the nature and cost of the accommodation, the size and resources of the employer, and the impact of the accommodation on the business operations.
Therefore, while an eligible employee has the right to request intermittent ADA leave as a reasonable accommodation, it is not an absolute right as the employer can demonstrate an undue hardship defense.
Qualifying for Intermittent ADA Leave
Intermittent ADA leave is leave taken in multiple blocks of time because of a single qualifying reason, such as a disability or medical condition. To qualify for intermittent ADA leave, an employee must have a disability as defined by the Americans with Disabilities Act (ADA) and must be able to perform the essential functions of their job with or without reasonable accommodations.
Eligibility Requirements
An employee who needs intermittent ADA leave must first inform their employer and obtain a certification of their medical condition from a healthcare provider. The certification should include the employee’s medical history, the nature of their medical condition, and the advice of the healthcare provider regarding the need for intermittent leave.
Employers may require employees to obtain a second medical opinion, at the employer’s expense, to confirm the need for intermittent leave.
Requesting Intermittent ADA Leave
An employee must request intermittent ADA leave from their employer in writing and provide the certification from their healthcare provider. Employers must engage in an interactive process with the employee to determine whether an accommodation in the form of intermittent leave is reasonable and effective.
Employers may propose alternative accommodations if a requested intermittent leave would present an undue hardship.
Intermittent ADA Leave vs. Continuous Leave
Intermittent versus Continuous Leave Contrast
Intermittent ADA leave refers to an unscheduled leave taken in multiple blocks of time because of a single qualifying reason. On the other hand, continuous leave means taking consecutive workdays as leave.
When Intermittent Leave is the Right Choice
Intermittent ADA leave may be more appropriate than continuous leave in situations where an employee needs to take leave sporadically due to a disability or medical condition. It can provide flexibility for the employee while still allowing them to fulfill their job responsibilities.
However, employers may still have an undue hardship defense against providing intermittent ADA leave as a reasonable accommodation.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a civil rights law that forbids discrimination against individuals with disabilities in public and private settings that are open to the public, such as workplaces, schools, and transportation systems. The legislation covers a wide range of topics, including job descriptions, hiring practices, accommodations, and more.
Reasonable Accommodation Under the ADA
Under the ADA, employers are required to provide reasonable accommodation to employees with disabilities. This may include additional breaks, sign language interpreters, or a modified work schedule.
In certain circumstances, intermittent ADA leave may qualify as reasonable accommodation. This means that an employee may take unscheduled leave in multiple blocks of time because of a single qualifying reason.
However, employers have an undue hardship defense against providing such leave. The employer needs to prove that providing intermittent ADA leave would cause significant difficulty or expense.
It is also essential to note that employees do not have absolute rights to intermittent ADA leave. An employer may deny such leave if it causes an undue hardship or would jeopardize workplace safety.
Difference Between Intermittent and Continuous Leave
Intermittent leave and continuous leave are two types of leave that eligible employees can take under the Family and Medical Leave Act (FMLA), which is related to the ADA. Intermittent FMLA leave allows employees to take time off periodically, often in unscheduled blocks of time.
Continuous FMLA leave, on the other hand, requires an employee to take a continuous period of time off work.
When it comes to ADA leave, intermittent leave may qualify as reasonable accommodation if an employee has a disability that requires occasional time off work. Continuous leave under the ADA may be appropriate if an employee has a condition requiring a more extended period of absence from work.
Tips for Employers
Creative Solutions for Accommodating Intermittent Leave
Intermittent ADA leave may be a reasonable accommodation, but employers have an undue hardship defense. The employee does not have the absolute right to such a leave.
Unscheduled leave taken in multiple blocks of time because of a single qualifying reason. To creatively accommodate intermittent leave requests, employers can consider:
- Flexible scheduling, which allows employees to make up missed work at a later time
- Telecommuting, which allows employees to work from home or a remote location
- Job sharing, which allows two employees to share the responsibilities of one full-time position
- Temporary transfer to a different position or department within the company
- Use of paid time off, like sick leave or vacation days, to cover intermittent leave
Managing Employee Attendance During Intermittent Leave
Employers can manage employee attendance during intermittent leave by:
- Understanding the requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)
- Developing clear attendance policies and procedures
- Ensuring managers are trained on FMLA and ADA regulations and the company’s policies and procedures
- Keeping detailed records of employee attendance and FMLA and ADA leave
- Communicating regularly with employees taking intermittent leave to ensure their continued engagement and productivity
The Interactive Process
Overview of the Interactive Process
The interactive process refers to the conversation between the employee and the employer to find reasonable accommodations under the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). This process is aimed at enabling the employee with disabilities to perform the essential functions of their job, and for the employee or the family member with a serious illness to take leave or receive other accommodations.
How to Conduct the Interactive Process When Intermittent Leave is Requested
If an employee requests intermittent leave, the employer should engage in the interactive process to determine if such a leave is a reasonable accommodation. The employer must consider whether the requested leave causes undue hardship on the business.
This analysis will include a review of the employee’s essential job functions, the nature of the disability or illness, the overall impact of the leave on the business, and other factors. If the employer determines that the intermittent leave is reasonable, the employer must then work with the employee to develop a schedule that accommodates the leave while ensuring business operations are uninterrupted.
Undue Hardship and Intermittent ADA Leave
What is Undue Hardship?
Undue hardship is a term used to describe the level of difficulty or cost to an employer in allowing an employee with a disability to take intermittent ADA leave.
When assessing undue hardship, employers must consider various factors, including the nature and cost of the accommodation, the financial resources of the employer, the impact of the accommodation on the business, and the number of employees in the organization.
In general, an accommodation may be considered an undue hardship when it is too difficult or expensive for the employer to provide, or when it significantly disrupts the operations of the business. However, determining undue hardship is highly fact-specific and depends on the circumstances of each individual case.
When Intermittent Leave is an Undue Hardship
Employers may assert undue hardship as a defense to an employee’s request for intermittent ADA leave. Depending on the circumstances, unscheduled leave taken in multiple blocks of time because of a single qualifying reason may be considered an undue hardship for employers.
For instance, this could be the case if the nature of the employee’s job requires that he or she be present for an entire shift, and the nature of the impairment makes it impossible to schedule leave in a way that doesn’t interfere with business operations. However, this defense is not absolute, and employers must still engage in an interactive process with employees to determine possible accommodations.
Conclusion
Understanding intermittent ADA leave and its requirements is crucial for both employers and employees. While intermittent ADA leave may be a reasonable accommodation, employers can use the undue hardship defense.
Employees do not have an absolute right to such leave, but it can be granted if it is deemed reasonable under certain circumstances. It is important for employers to have clear policies and practices in place, educate and communicate with employees, be organized, train managers, and treat employees taking FMLA leave the same as those taking non-FMLA leave.
Employers should also consider other state leave laws and the impact of COVID-19. The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs.
Employers should also remember the Interactive Process as it benefits both the employer and the employee.
References
Trusted resources for further information on intermittent ADA leave and related topics:
– Equal Employment Opportunity Commission
– U.S. Department of Justice ADA Website
– Society for Human Resource Management
