How should an employer handle leave for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
An employer should determine an employee’s rights under each statute separately, and then consider whether the two statutes overlap regarding the appropriate actions to take. Under the ADA, an employee who needs leave related to his/her disability is entitled to such leave if there is no other effective accommodation and the leave will not cause undue hardship. When the employee is ready to return to work, the employer must allow the individual to return to the same position (assuming that there was no undue hardship in holding it open) if the employee is still qualified (i.e., the employee can perform the essential functions of the position with or without reasonable accommodation). Under the FMLA, an eligible employee is entitled to a maximum of 12 weeks of leave per 12 month period. The FMLA guarantees the right of the employee to return to the same position or to an equivalent one.
Related Questions
- Under the Family and Medical Leave Act, when may an employer refuse to allow an employee to take family or medical related leave or refuse to reinstate an employee after such leave?
- I have been notified that my absence from work is covered under the Family and Medical Leave Act (FMLA); however, I have exhausted all paid leave. What are my options now?
- Is the Leave Covered By the Family and Medical Leave Act (FMLA)?
