Employees dealing with mental health problems, chronic conditions like migraines, serious illnesses like cancer, and other significant issues will likely need time off work. They may be eligible to take leave under the Family and Medical Leave Act (FMLA). They may also be eligible for similar benefits under the Americans with Disabilities Act (ADA).
Confusingly, these two laws can apply at the same time. A condition may be covered by both the FMLA and the ADA if it:
- Requires extended medical treatment or recovery
- Substantially limits major life activities over time
This intersection creates complex, overlapping provisions that leave managers must untangle with every new case. The article below clarifies the basic benefits the FMLA and the ADA provide and helps leave managers understand how these intertwining laws play out in real life.
Leaves of Absence Under the FMLA and the ADA
Employees can take leaves of absence under both the FMLA and ADA. Below, we take you through the basics of both laws: which employers they cover, how employees can be eligible, and what kinds of leave they provide.
A Brief Overview of the FMLA
The FMLA is a federal law that provides eligible workers with unpaid, job protected leave. Here are the basic facts of the FMLA:
- Covered employers: The law applies to private employers with 50 or more employees working within 75 miles of the employee’s worksite. It also applies to all public agencies, including private and public schools, regardless of how many workers they employ.
- Covered individuals: Employees can take FMLA leave if they have: worked for their employer for at least 12 months; worked at least 1,250 hours in the 12 months immediately preceding their leave; and if there are at least 50 employees working within 75 miles of the employee’s worksite.
- Provisions: The FMLA provides employees up to 12 weeks of unpaid, job protected leave. Employees can use this leave to receive treatment for or recover from serious health conditions. (Employees can use FMLA for other reasons, too, including to care for a seriously ill family member or upon the addition of a child.)
- Key definitions: The FMLA defines a serious health condition as any illness, injury, or impairment that involves either inpatient care or continuing treatment by a health care provider. It’s worth noting that a serious health condition can take the form of a physical or mental impairment.
Example: Carly has worked full-time as a chemist in a lab alongside 100 other scientists for a little more than three years. She was recently diagnosed with major depressive disorder and had to take three weeks off work to attend outpatient treatment. She applied for FMLA leave, and the lab’s HR team granted her request. Here’s why:
- The lab is covered by the FMLA: it employs more than 50 people.
- Carly was eligible for FMLA leave: she had worked for the lab for well over a year, for well over 1,250 hours, and alongside more than 50 other employees.
- The FMLA applies to Carly’s depression: it requires ongoing care, satisfying the law’s definition of serious health condition.
A Brief Overview of the FMLA
The ADA is a federal law that, among other things, obligates employers to provide workplace accommodations for employees with disabilities.
- Covered employers: Title I of the ADA applies to employers (including state and local governments) with 15 or more employees.
- Covered individuals: The ADA protects employees who: are qualified for their jobs and have a disability.
- Provisions: The ADA requires employers to provide accommodations that equip individuals with disabilities to perform the essential functions of their jobs, so long as the accommodations do not create undue hardship for the employer. While the ADA does not specifically require employers to provide leave, accommodations can include leave and other schedule modifications.
- Key definitions: According to the ADA, an individual with a disability is defined as a person who: has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. It’s important to note that the ADA’s definition of disability differs from the FMLA’s definition of a serious health condition.
Example: Let’s return to Carly, the chemist. Carly returned to work after taking leave following her outpatient treatment, but she faced some challenges upon her arrival. Because of her depression, she had trouble focusing on tasks and working through her daily to-do lists. She also needed time off to attend therapy.
Carly expressed her struggles to her manager, who promptly set up a meeting between the chemist and HR. Together, they determined that Carly’s depression qualified as a disability — it was a mental impairment that substantially limited her capacity to think, work, and care for herself. To perform the essential functions of her job, Carly needed a few accommodations:
- A planner to help her organize her tasks.
- A job coach to help her succeed in her role.
- Intermittent FMLA leave, to attend therapy appointments.
How the FMLA and ADA Intersect
When employees need time off, leave managers must remember that they may be protected by the FMLA and the ADA. According to the U.S. Department of Labor (DOL), provisions of both laws can apply to the same employee at the same time, which means that “employers may find understanding their responsibilities a challenge.”
To make matters more complicated, employees may also be covered by state family and medical leave laws. Some of these laws provide more generous provisions than the FMLA. When employees are covered by both federal and state leave laws, “they are entitled to the greater benefit or more generous rights provided under the different parts of each law,” the DOL says in guidance.
A Leave Manager’s Checklist to Determine FMLA, ADA Coverage
To understand their responsibilities under the FMLA and the ADA (and possibly both), the DOL suggests employers work through a simple framework of questions.
- Which laws apply to employees as a group? First, determine which laws apply to the organization. Does the employee in question work for an organization covered by the FMLA, the ADA, or both?
- Does the employee’s condition meet the FMLA’s definition of a serious health condition? Assuming the employee is otherwise eligible for FMLA leave, determine whether the employee’s condition counts as a serious health condition under the FMLA. Is it an illness, injury, or impairment that involves either inpatient care or continuing treatment by a health care provider? If so, it meets the FMLA’s threshold.
- Does the employee’s condition meet the ADA’s definition of disability? Finally, determine whether the employee’s condition qualifies as a disability, as the ADA defines it. Does the employee have a physical or mental impairment that substantially limits one or more major life activities? If so, the condition counts as a disability.
Employers have responsibilities under both the FMLA and the ADA if: they’re covered by both laws as an organization; the employee in question is eligible for FMLA leave and has a serious health condition; and the employee in question has an ADA-defined disability.
Breaking Down Employer Responsibilities
Let’s consider a few examples illustrating common FMLA and ADA crossover scenarios.
- Intermittent FMLA leave as an accommodation: Let’s say that Carly, the chemist, has returned to work, but she still needs occasional time off to deal with her depression. Her employer allows her to take intermittent FMLA leave when her symptoms flare up.
- Reduced schedule as an accommodation: Consider that Carly has returned to the lab but is not yet ready to work 40 hours a week, due to fatigue and decreased stamina. Her employer accommodates her request to work a reduced schedule — another type of FMLA leave.
- Extra FMLA leave as an accommodation: Imagine that Carly needs more time off to receive more treatment for her depression, but she’s exhausted all 12 weeks of her FMLA leave. Carly can receive extra unpaid leave as a reasonable accommodation under the ADA because her depression meets the law’s definition of a disability.
It’s also worth noting that, in some cases, an employee can be eligible for a leave of absence under the ADA, even if they’re not eligible for FMLA leave. If an employee has a qualifying disability, leave can be a reasonable accommodation. While unpaid leave is typically considered reasonable, offering defined paid leave (like permitting the use of accrued paid leave) can also be an option.
Best Practices to Manage the FMLA-ADA Overlap
The overlap between the FMLA and the ADA can be challenging for employers to navigate. The laws are also complex for employees to understand, especially when facing the circumstances that necessitate their leave and accommodation. Employers should assist employees so they fully understand the process for requesting and taking a leave of absence — whether it’s under the FMLA, the ADA, or both.
In addition to maintaining clear, accessible policies regarding leave in all its forms, employers should lean into the interactive process. Compassionate communication with employees will help all stakeholders understand what employees need and why they need it. This communication also lays the groundwork for a successful return to work process.
Modern leave and accommodations technology helps on both of these fronts. When online car dealership Carvana was outsourcing FMLA management, it lacked access to FMLA documentation. Because of this restriction, the company struggled to determine whether an employee’s medical condition under the FMLA qualified as a disability under the ADA.
Carvana gained visibility into its leave cases when it brought its program in house. By using a central system, all case information was quickly accessible, allowing the company to make informed, consistent decisions. When it had to make accommodations determinations, for example, the company had the details and the data it needed.
How Technology Can Streamline Leave Requests Under the FMLA, ADA, and Everything In Between
Employers and HR teams can streamline the interactive process and simplify complex employment law provisions by implementing modern software that manages both leave and accommodations. Solutions like AbsenceSoft track employee entitlements with accuracy, ensuring leave managers have all the information they need, even in complicated situations.
See how the AbsenceSoft platform clarifies both the distinct and overlapping provisions of the ADA and FMLA:
- The AbsenceSoft Compliance Engine™ (ACE) — built and maintained by a team of compliance experts — supports over 200 federal and state leave and accommodations laws, including the FMLA and the ADA. Leave managers can use ACE to accurately determine employee eligibility and entitlement, even when entitlements overlap.
- It accurately tracks intermittent leave, down to 0.001 of a minute.
- It centralizes documentation so leave managers can seamlessly handle cases related to the FMLA, the ADA, other laws, and company policies.
To learn how AbsenceSoft can help your team manage leave requests of all types, book a demo today.