fmla ada overlap
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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
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