Employee medical leave is guaranteed through two different pieces of legislation. The Family and Medical Leave Act (FMLA) aims to the employer of moe than 50 individuals saying they must grant the leave. The Americans with Disabilities Act (ADA) covers those who employ only 15 workers. When the employers and the employee cannot agree on the interpretation of these documents in the specific situation there are state and federal bodies that will make rulings on the situation.
- A request for Family and Medical Leave Act time off for a medical condition may double as a request for Americans with Disabilities Act leave.
- Management attorneys recommend that employers consider FMLA rights first as they are an absolute entitlement, the ADA’s reasonable accommodation duty is instead determined on a case-by-case basis.
- Sometimes employers outsource FMLA compliance to a third party, which can cause problems if the third party is not cognizant of the employer’s ADA obligations and the employer does not keep close track of what the third party is doing and saying to the employee in administering the FMLA leave.
“An employee’s request for Family and Medical Leave Act (FMLA) time off automatically triggers an employer’s Americans with Disabilities Act (ADA) obligations”