Thought Leadership

FMLA and ADA

FMLA and The Americans With Disabilities Act

  • The ADA’s interactive process is critical in both timing and content.
  • Employers should have an “interactive process” with supervisors, too!
  • Employers can (and should) assess “undue hardship” earlier in the leave process.
  • Understand and use the key factors to consider when establishing that an employee’s request for additional leave would pose an undue hardship.
  • Avoid inflexible leave policies that can lead to regulatory risk if the ADA is violated.

The Family and Medical Leave ACt (FMLA) entitles eligible employees to up to 12 (or 26) weeks of job-protected, unpaid leave. The Americans with Disabilities Act (ADA), on the other hand, prohibits discrimination against applicants and employees because of a disability. The provisions of these two laws often overlap. Provisions of the two laws often intersect in two areas:

– When an employee exhaust his or her FMLA leave.
– When an employee wishes to take FMLA leave to care for an adult child.

MedLeave white papers include but are not limited to:

  • Spouses working for the same employer
  • Mid-stream leaves
  • DOMA
  • Workers compensation
  • USERRA
  • Bonus/Incentive/Holiday Pay

Contact us today for a FREE consultation with one of our FMLA specialists.