ADA and FMLA - Federal Laws
When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws:
- the Americans with Disabilities Act (ADA)
- the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
- FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for specific family and medical reasons. In addition, FMLA provides eligible employees with up to 26 weeks of leave for Service Member family leave.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications, and access to state and local government programs and services. Regarding work, Title I of the ADA protects the rights of both employees and job seekers.
Many employees are entitled to take time off under federal and state family and medical leave laws. In addition, employers should remember that workers who run out of leave —or who aren't covered by such laws—may be eligible for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).
Is ADA a protected leave?
- When ADA leave is granted, an employer is expected to hold the employee's position for the duration of leave unless doing so will pose an undue hardship on operations.
- According to the Equal Employment Opportunity Commission (EEOC), reassignment to an alternative vacant position should be considered for the duration of leave when leave is no longer feasible in a particular position.
We can help your organization address HR Policies relating to FMLA and ADA. Stating your policies can significantly reduce the liability your organization can accrue due to non-compliance with these federal laws. Contact us to speak to one of our HR Policies specialists today!