How Do You Handle an Employee Leave Request Under the FMLA and ADA?

When an employee requests extended leave, navigating the overlapping regulations of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) is a critical compliance challenge. The key is that the FMLA and ADA can apply simultaneously, requiring a coordinated approach to avoid legal risk while supporting your employee. This guide provides a clear framework for managing these complex situations.

What is the Difference Between the FMLA and the ADA?

Understanding the distinct purposes of each law is the first step. The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, such as a serious health condition or caring for a new child. Its primary goal is job security during a qualifying event.

The ADA, on the other hand, is a civil rights law that prohibits discrimination against individuals with disabilities. A disability under the ADA is a physical or mental impairment that substantially limits one or more major life activities. The ADA requires employers to provide reasonable accommodations, which can include modified work schedules or unpaid leave beyond what the FMLA provides, so that an employee with a disability can perform the essential functions of their job. The goal is equal opportunity.

In practice, an employee’s serious health condition under the FMLA may also qualify as a disability under the ADA, triggering obligations under both laws.

How Do You Determine if Both Laws Apply to a Leave Request?

A systematic approach ensures you cover all compliance bases. Based on our assessment experience, follow these steps when you receive a request:

1. Engage in the Interactive Process: Start a dialogue with the employee. This is a fundamental requirement under the ADA. Clarify the need for leave, the expected duration, and the nature of the condition.
2. Analyze FMLA Eligibility: Determine if the employee meets the FMLA criteria: 12 months of service, at least 1,250 hours worked in the last 12 months, and works at a location with 50 or more employees within a 75-mile radius.
3. Assess ADA Coverage: Evaluate if the employee’s condition meets the definition of a disability under the ADA. This assessment is broader and focuses on the impairment’s impact on major life activities.
4. Document everything. Maintain records of medical certifications, your communications with the employee, and your decision-making process.

The following table outlines how the laws can interact:

What Are the Key Documentation and Communication Steps?

Proper documentation is your best defense against compliance risks. For both FMLA and ADA, you have the right to request medical certification to verify the need for leave or an accommodation. However, the timing and content of these requests matter.

• Designate Leave Correctly: If an employee is eligible for FMLA leave, you must designate the leave as FMLA-qualifying and notify the employee. This ensures the 12-week leave clock starts ticking.
• Coordinate the 12 Weeks: An employee can use FMLA leave for up to 12 weeks. Once this is exhausted, the ADA’s reasonable accommodation obligation begins. You must then assess whether granting additional leave is a reasonable accommodation that does not impose an undue hardship—an action requiring significant difficulty or expense for the employer.
• Communicate the Transition: Proactively communicate with the employee as their FMLA leave is ending. Discuss their status and the possibility of an ADA accommodation, which may include a return-to-work plan or additional leave.

To reduce risk and support your employees, maintain a consistent, documented process for every leave request. This ensures fair treatment and provides a clear audit trail.