ADA vs. FMLA: Key Considerations for Employers

Complying with federal employment law is a must for employers of all sizes. But large and small businesses have different administrative obligations under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The ADA requires accommodations for employees with disabilities, while the FMLA applies to serious health conditions, family medical conditions, and other qualifying scenarios.

Here’s what HR teams need to know about ADA vs. FMLA, and what happens when these two federal laws overlap with each other or with state leave laws.

What Are the Differences Between the ADA vs. FMLA?

The Americans with Disabilities Act (ADA) provides disability rights to qualified individuals with a substantial mental or physical limitation who can otherwise perform the essential functions of the job with or without accommodation.

The Family and Medical Leave Act (FMLA) provides a short-term leave of absence to employees who work for a covered employer and meet the eligibility criteria.

Here are some of the key differences between the ADA vs. FMLA:

Key Entitlements

The main purpose of the Family and Medical Leave Act is to provide a leave of absence for certain qualifying reasons, such as the birth of a child or a serious medical condition. Eligible employees can take up to 12 weeks of leave in a 12-month period. FMLA leave is job-protected, and the employee can keep their health care while on leave.

The purpose of the ADA is to provide reasonable accommodations to employees with disabilities. Employers must engage in the ADA interactive process to find an effective accommodation. This could include, but is not limited to, a leave of absence. Other possibilities include a flexible work schedule or a modified work environment.

Eligibility Criteria

Employees become eligible for FMLA after working for a covered employer for at least a year and performing 1,250 hours of work. According to the Department of Labor, a covered employer is a private employer with at least 50 employees.

There’s no waiting period to become eligible for the ADA. Employers with at least 15 employees must abide by it, including during the application and hiring processes. It applies to employees with a qualifying disability, including some mental health and chronic conditions. There’s no limit on how long it applies.

Can the ADA and FMLA Overlap?

Yes, the ADA and FMLA can and often do overlap. That’s because some conditions that qualify an employee for FMLA, such as receiving inpatient medical care, may develop into an ongoing disability, or vice versa. An employee may be eligible for 12 weeks of leave under the FMLA and a reasonable accommodation upon return to work.

In some cases, the most appropriate accommodation will be a leave of absence, in which case they may be entitled to additional leave under the ADA. That’s why it’s important to review each leave request under both the ADA and FMLA.

For HR teams, the safest approach is to use a consistent intake and review process that screens each request for FMLA eligibility, ADA accommodation needs, state leave requirements, documentation, confidentiality, and return-to-work considerations.

ADA vs. FMLA: Practical Examples

Sometimes it’s easy to tell whether an employee’s request is protected under the ADA vs. FMLA, but in other cases, it’s more complex. Let’s take a look at a few practical examples:

Mental Health Conditions

An employee has a mental health condition that requires ongoing treatment. They take FMLA leave for an inpatient stay in a medical facility. Because they still have ongoing symptoms, they request a service animal as an ADA accommodation.

Pregnancy-Related Conditions

An employee plans to take parental leave, but they won’t meet the FMLA eligibility criteria until after the baby is born. They request leave during their pregnancy due to pregnancy-related limitations.

In this situation, HR may need to evaluate the request under the ADA, the Pregnant Workers Fairness Act (PWFA), applicable state leave laws, and company policy. Don’t assume the employee has no protected leave rights just because FMLA doesn’t yet apply.

Intermittent Leave

An employee has been taking intermittent FMLA leave for a chronic condition, but is using their remaining FMLA leave to care for an injured family member. They request a reduced work schedule under the ADA so they can continue to receive treatment.

Reasonable Accommodations

An employee requests ADA leave after returning from FMLA leave, but their employer declines it because the leave duration would pose an undue hardship. They propose a work-from-home arrangement as an alternative accommodation.

Return-to-Work Considerations

An employer’s return-to-work policy requires an employee to be 100% healed after a medical leave of absence. They may be in violation of the ADA by failing to provide reasonable accommodation for a temporary or ongoing impairment that may qualify as a disability.

Common Compliance Mistakes

The Department of Labor is responsible for enforcing the FMLA, while the Equal Employment Opportunity Commission (EEOC) enforces the ADA. Compliance failures can lead to agency investigations, legal costs, damages, and other penalties. Here are some of the most common compliance mistakes to avoid when navigating ADA vs. FMLA:

Not Documenting Each Condition

Each leave of absence or reasonable accommodation request requires a separate set of documentation. Under the ADA, you need to establish that an employee’s condition meets the criteria for a disability and identify their limitations. For FMLA leave, the employer will typically need proof of an eligible medical condition from the employee’s healthcare provider.

If an employee extends their leave of absence or takes leave for a different reason, the paperwork starts all over again: you may need to request recertification or additional information to ensure that a qualifying reason still applies.

Not Considering Alternatives

If an employee requests an ADA accommodation after returning from FMLA leave, it’s easy to assume that they need additional leave. But that isn’t always true: the employee may be able to return to work sooner with a different accommodation.

A modified workstation or reassignment to light duty can help to ease the transition from FMLA leave back to the workplace.

Some states also have paid leave laws that may provide additional protections, even if the ADA and FMLA don’t apply to an employee’s condition.

Not Respecting Confidentiality

Complying with employment law often involves handling sensitive medical information, and both the ADA and the FMLA have confidentiality rules that protect employees’ privacy. Even when an employee discloses their disability or medical condition, that doesn't mean everyone they work with needs to know about it.

An employee may be required to take a medical examination before returning to work, but the same principles apply. Use a platform like Pulpstream to request documents safely and securely, and store them in the cloud to prevent potential misuse.

Automate ADA and FMLA Compliance with Pulpstream

The Americans with Disabilities Act guarantees reasonable accommodation, while the Family and Medical Leave Act guarantees up to 12 weeks of leave. Complying with the ADA and FMLA isn’t an either/or proposition: in many cases, both laws apply.

Pulpstream provides leave of absence management and accommodation management in one. Use our platform to field incoming leave requests, assess eligibility for state and federal leave laws, and request medical documentation, all in one place. Our automated recordkeeping tools help you demonstrate good-faith compliance.

Request a demo today to see how we can help!