can you use fmla and ada at the same time,Can You Use FMLA and ADA at the Same Time?

Can You Use FMLA and ADA at the Same Time?

Understanding the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) can be complex, especially when considering whether you can use both simultaneously. This article delves into the intricacies of these two laws, providing you with a comprehensive guide to determine if you can utilize both protections concurrently.

Understanding FMLA

The Family and Medical Leave Act, enacted in 1993, provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. This leave can be used for various reasons, including the birth or adoption of a child, the care of a family member with a serious health condition, or the employee’s own serious health condition.

Eligibility for FMLA is determined by several factors, including the employee’s length of service with the employer, the size of the employer’s workforce, and the employee’s own work hours. To qualify, an employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours during the previous 12 months, and work at a location where the employer employs at least 50 employees within a 75-mile radius.

Understanding ADA

The Americans with Disabilities Act, passed in 1990, prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship. Reasonable accommodations can include modifications to the work environment, changes to the work schedule, or providing assistive technology.

Can You Use FMLA and ADA at the Same Time?

Yes, you can use FMLA and ADA protections simultaneously. However, there are some important considerations to keep in mind:

• Eligibility: You must meet the eligibility requirements for both FMLA and ADA. This means you must have worked for your employer for the required amount of time and hours, and your disability must meet the ADA’s definition of a disability.

• Leave Purpose: If you are using FMLA leave for your own serious health condition, you may also be eligible for ADA protections. However, if you are using FMLA leave to care for a family member, you may not be eligible for ADA protections unless your family member’s condition is also considered a disability under the ADA.

• Accommodations: If you are eligible for ADA accommodations, your employer must provide them while you are on FMLA leave. This means you can request and receive accommodations during your FMLA leave, even if you are not working.

• Interaction with Other Laws: It’s important to note that FMLA and ADA are separate laws with different requirements. While you can use both protections simultaneously, you must comply with the specific provisions of each law.

Example Scenario

Let’s consider a hypothetical scenario to illustrate how you might use both FMLA and ADA protections. Imagine you are an employee who has been working for a company for 18 months and have been diagnosed with a chronic illness that qualifies as a disability under the ADA. You request and are granted FMLA leave to manage your condition.

During your FMLA leave, you also request ADA accommodations, such as a modified work schedule and assistive technology. Your employer must provide these accommodations, as long as they do not cause undue hardship. You can continue to receive these accommodations even if you are not working, as long as you remain eligible for FMLA leave.

Conclusion

Using FMLA and ADA protections simultaneously is possible, but it requires careful consideration of eligibility, leave purpose, and the interaction between the two laws. By understanding the nuances of these laws, you can ensure that you receive the protections and accommodations you need to manage your health and work effectively.