Employment & Labor Insider

Employee leave and accommodation issues are rarely straightforward. The Family and Medical Leave Act and the Americans with Disabilities Act often apply at the same time, but in different ways. Employers who treat them as interchangeable can create unnecessary risk, as we have seen in prior discussions on ADA and FMLA compliance.

Understanding how these laws intersect and where they differ is key to avoiding common compliance mistakes.

Key #1: FMLA and ADA overlap but serve different purposes

The FMLA provides job-protected leave for qualifying family and medical reasons. Some FMLA-qualifying reasons are not “medical” at all (for example, military “qualifying exigency” leave). The ADA, by contrast, prohibits disability discrimination and requires employers to provide reasonable accommodations where appropriate.

One of the most common mistakes is assuming that if an employee does not qualify for FMLA leave, the analysis ends there. It does not. An employee who is not eligible for FMLA leave may still be entitled to an accommodation under the ADA, and that accommodation could include leave.

It is also important to understand that a “serious health condition” under the FMLA is defined more broadly than a “disability” under the ADA. As a result, the two laws do not always apply in the same way. Each law must be evaluated on its own terms.

Key #2: Why the ADA interactive process is required for accommodation requests

Most ADA claims do not turn on whether an employee has a disability. Instead, they focus on whether the employer properly handled the accommodation process.

The ADA requires a good-faith, interactive process between the employer and the employee. This includes identifying – with the participation of the employee – the employee’s limitations, discussing possible accommodations, and evaluating options. Of course, each step should be documented.

Denying a request without engaging in that process can create liability, even if the requested accommodation is not ultimately required. The process itself is a key part of compliance.

Key #3: Rigid leave policies can create ADA liability

Policies that apply blanket rules, such as automatic termination after leave is exhausted or requiring employees to return to work without any restrictions, are a frequent source of risk.

When FMLA leave ends, employers often assume their obligations are complete. In many cases, that is when ADA obligations begin if they haven’t begun already. Additional leave may be required as a reasonable accommodation if it is for a defined period and does not create an undue hardship for the employer.

Employers should evaluate each situation individually rather than relying on inflexible policies that bypass that analysis.

Key #4: Why documentation is critical for FMLA and ADA compliance

In the event of a lawsuit under the FMLA or the ADA, documentation can make all the difference.

Under the FMLA, employers face the risk of interference and retaliation claims, and intent does not need to be proven in an interference case, where the key question is whether the employee was entitled to leave and whether that leave was denied. Whether the claim is for interference or retaliation, strong documentation can help the employer show that the actions taken (or not taken) were based on legitimate, lawful grounds.

Under the ADA, documentation of the interactive process is often very helpful to employers. Employers should document requests, conversations, accommodations considered, and the reasons for their decisions. Employers should also ensure that their internal policies and compliance materials are up to date and consistently applied.

Without documentation, employers are left with competing accounts of what occurred, which can significantly weaken their position.

Key #5: When to err on the side of caution under FMLA and ADA

A recurring theme under both laws is that the threshold for triggering employer obligations is relatively low.

Under the FMLA, employers need only enough information to understand that a requested leave may be for a qualifying reason. Under the ADA, “disability” is interpreted broadly, and the focus is often on how the employer responded.

In practice, that means it is often safer to move forward with the required process, whether that is providing FMLA notices or engaging in the ADA interactive process, than to take a narrow view of eligibility.

Conclusion

FMLA and ADA compliance requires thoughtful, individualized decision-making. Employers should communicate clearly, engage in the required processes, and document their decisions at every step as part of a broader employment law compliance strategy.

Understanding how these laws interact can help employers avoid common and costly mistakes.

For a deeper discussion of these issues, you can view the full FMLA and ADA compliance webinar recording.