FMLA vs ADA: When Both Laws Apply
FMLA and the ADA both protect employees with health conditions, but they work differently. Learn when both apply and how to get the maximum protection.
Introduction
FMLA and the Americans with Disabilities Act (ADA) both protect employees with health conditions—but in different ways. Understanding how they interact can give you the strongest possible protection.
Key Differences
| Feature | FMLA | ADA | |---------|------|-----| | **What it provides** | Time off | Accommodations | | **Duration** | Up to 12 weeks | As long as reasonable | | **Employer size** | 50+ employees | 15+ employees | | **Employee tenure** | 12 months, 1250 hours | No minimum | | **Conditions covered** | Serious health conditions | Disabilities | | **Job protection** | Same/equivalent job | Protected from discrimination |
When Both Apply
Many conditions qualify under both laws: - Cancer - Major depression - Chronic conditions (diabetes, MS, epilepsy) - Recovery from surgery - Pregnancy complications
**If both apply, you get the protections of BOTH.**
FMLA First, Then ADA
Common scenario: 1. You take 12 weeks FMLA leave for surgery 2. You need more time or can't fully return 3. FMLA is exhausted—but ADA may require additional leave as a "reasonable accommodation"
The ADA can extend your protection beyond FMLA's 12 weeks.
ADA Accommodations Beyond Leave
Unlike FMLA (which only provides time off), ADA may require: - Modified work schedule - Work-from-home arrangements - Job restructuring - Reassignment to vacant position - Modified equipment or workspace
How to Use Both
### Step 1: Apply for FMLA This starts your protected leave immediately.
### Step 2: Before FMLA Ends, Request ADA Accommodation If you need more time or workplace changes, make the request in writing.
### Step 3: Engage in Interactive Process Your employer must discuss possible accommodations with you.
### Step 4: Document Everything Keep records of all requests and responses.
What Employers Must Do Under ADA
- Engage in good-faith interactive process
- Consider requested accommodations seriously
- Only deny if accommodation causes "undue hardship"
- Not retaliate for accommodation requests
When to Involve an Attorney
- Your employer denies reasonable accommodation without explanation
- You're terminated after FMLA exhaustion without ADA consideration
- You experience retaliation for requesting accommodations
Conclusion
FMLA and ADA work together to maximize your protection. Don't assume your rights end when FMLA runs out—the ADA may provide additional protection and accommodations.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*
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