Constangy Clips Episode 18 - 5 Frequently Asked Questions about the ADA and FMLA

Employers often struggle to navigate where ADA accommodation obligations and FMLA leave requirements overlap. Missteps involving leave administration, accommodation requests, or the interactive process can increase legal risk and create compliance challenges for HR teams and managers.

In this episode of Constangy Clips, employment attorney Kristin Titley answers five common employer questions about the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), including when protections apply, how the laws interact, and what employers should consider when evaluating leave and accommodation requests.

What Is the Difference Between ADA and FMLA?

Kristin explains where the ADA and FMLA overlap, how the laws differ, and why employers often confuse their obligations under each statute.

Does Exhausting FMLA Leave End an Employer’s Obligations?

Many employers mistakenly assume obligations end once FMLA leave is exhausted. Kristin discusses why employers may still need to evaluate ADA accommodations after leave ends.

What Employee Statements Can Trigger FMLA Protections?

Employees do not always need to specifically request “FMLA leave” to trigger protections. Kristin explains what types of employee communications may require employers to begin the FMLA process.

Must Employers Provide an Employee’s Preferred Accommodation?

Kristin discusses employer obligations under the ADA interactive process and explains when alternative accommodations may still satisfy compliance requirements.

What Should the ADA Interactive Process Look Like?

Kristin walks through practical considerations for handling the ADA interactive process and common mistakes employers should avoid.

Key Takeaways for Employers

ADA and FMLA obligations frequently overlap
Exhausting FMLA leave does not automatically end accommodation obligations
Employee wording may still trigger FMLA protections
The ADA interactive process should be individualized and documented
Employers should carefully evaluate accommodation requests before making employment decisions

Related Resources

About Constangy Clips

Constangy Clips is a video series featuring practical guidance for employers on labor and employment law developments, workplace compliance issues, and HR best practices.

About Kristin Titley

Kristin Titley advises employers on workplace compliance, leave management, disability accommodations, and employment litigation matters. She works with employers to navigate complex workplace issues while minimizing legal risk.