FMLA and ADA Overlap

Why Do We Care

About FMLA

and ADA Overlap

Employers have responsibility to make sure employees receive the benefits and protections required by the laws

Violations of these laws or error in application can result in massive lawsuits, huge settlements, back pay, reinstatement,

retroactive pay, retroactive benefits, punitive damages

Majority of unscheduled and scheduled absences are related to illnesses of employees and their family members, which may

involve one or both laws

Family and Medical Leave Act (FMLA) Overview

Became effective August 5, 1993

Entitles eligible employees to take up to 12 weeks unpaid leave

Allows employees to balance work and family life

Minimizes employee discrimination while promoting equal employment opportunities for men and women

Administered and enforced by U.S. Dept. of Labor’s Employment Standards Administration, Wage and Hour Division

Employee Eligibility Requirements

Work for a covered employer

Have worked for the employer for a total of 12 months (doesn’t have to be consecutive)

Have worked at least 1,250 hours over the previous 12 months

Work at a location in the US where at least 50 employees are employed by the employer within 75 miles.

Eligible Reasons for FMLA Leave

The birth and care of a newborn child of the employee

The placement with the employee

of a son or daughter for

adoption or foster care

Caring for a spouse, son,

daughter, or parent with a serious

health condition

Taking medical leave when the

employee is unable to work because of a serious health

condition

For qualifying exigencies arising

regarding employee’s son,

daughter, or parent while on active

duty status

ADA OverviewADA prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, job assignments, pay, benefits, job training, and other employment practices.

ADA covers employers with 15 or more employees.

ADA also requires that employers provide reasonable accommodation for a known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operations of the employer's business.

The Equal Employment Opportunity Commission (EEOC) has primary responsibility for enforcing the employment-related portions of the ADA.

The ADA Amendments Act of 2008 (ADAAA) was signed into law in 2008, effective January 1, 2009.

ADAAA made changes to definition of disability. Made it easier for individuals to claim he or she has a disability within themeaning of the statute.

ADAAA states that definition of disability should be interpreted in favor of broad coverage of individuals.

Employee Eligibility Requirements

With or without reasonable accommodation can perform the essential functions of the job in question

Has a physical or mental impairment that substantially limits one or more major life activities

Has a record of such impairment

Is regarded as having such impairment

Reasonable accommodation may include

Making existing facilities used by employees readily accessible to

and usable by persons with disabilities

Job restructuring, modifying work

schedules, reassignment to a

vacant position

Acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials or policies;

and providing qualified readers or interpreters

FMLA ADA

Covered Employers

Private employers with

50 or more employees

State and local government

employees and most federal government employers

FMLA

Private employers and employment

agencies with 15 or more

employees

State and local governments,

but not the federal

government

ADA

Qualifying Events

FMLAEmployee’s own serious medical condition;

Serious medical condition of the employee’s spouse, child, or parent

Birth, adoption, or foster care placement of a minor child

Qualifying exigency arising from a family member’s call to active duty

Family member’s injury or illness incurred or aggravated while on active duty military service

ADAQualified individual must have a physical or mental impairment that substantially limits a

major life activity

“Record of” such an impairment

“Regarded” by others as having an impairment

Employee Eligibility

Worked for 12 months and a total of 1,250 hours

Individual with a disability who is qualified for the job

in question

Can perform the job with or without reasonable

accommodation

FMLA

ADA

FMLA and ADA overlap is complicated and

confusing

It is crucial for employers to understand how the interplay assures legal

compliance and provides employees with the

benefits and protections that each law offers

When an employee exhausts his or her

FMLA leave

When an employee wishes to take FMLA leave to care for an

adult child

PROVISIONS OF THE TWO

LAWS INTERSECT IN 2 AREAS

Thank You

To know more on FMLA or ADA visit www.complianceonline.com