The FMLA gives qualified employees up to 12 weeks of leave per year.
ADA, on the other hand, requires reasonable accommodation for employees with disabilities, and can include leave.
FMLA and ADA rules can, realistically, apply to the same medical leave, but the EEOC says meeting FMLA obligations does not necessarily meet ADA obligations.
This guide explains the difference between ADA and FMLA, and how HR should handle a leave request when ADA, FMLA or both apply.
What’s the Difference Between ADA and FMLA?
The main differences between ADA and FMLA are who qualifies, how much leave is allowed, and what HR can ask for.
| FMLA | ADA |
Reasons covered | Birth or adoption, serious health condition of a family member or the employee themselves, certain military family reasons. | The employee’s own disability. |
Employer coverage | Private employers with 50+ employees or public agencies of any size. | |
Employee Eligibility | 12 months of service, 1250 hours in last 12 months, and 50 employees within 75 miles of the worksite. | An employee with a disability who needs leave (doesn’t need to meet FMLA’s criteria). |
Leave amount | Up to 12 weeks per calendar year or 26 weeks for military caregiver leave. | There is no fixed limit since leave is granted until it causes undue hardship. |
How it starts | The employee provides enough information to show they are FMLA-eligible. | A leave request related to a medical condition can trigger the ADA interaction process. |
Medical information | Employer may ask for certification or documentation from a healthcare provider and allow 15 calendar days. | With the employee’s permission, the employer may ask the provider about the need for leave, the amount, and duration. |
Return to work | Returns to the same job or an equivalent one. | Original role or reassignment to a vacant position the employee is qualified for, without competing with other applicants. |
Enforced by | Department of Labor. | EEOC. |
A nuance to remember is that employees can be ineligible for FMLA but be entitled to ADA leave. EEOC describes a situation where an employee hasn’t worked enough hours to receive leave under FMLA but still qualifies for it under ADA.
Unless, of course, it causes undue hardship (usually relevant or common with part time or hourly workers).
Can You Use FMLA and ADA at the Same Time?
Yes, a leave request can trigger FMLA and ADA together.
The same medical condition can be a serious health condition under FMLA and also a disability under ADA, so HR must meet both obligations for one employee.
The EEOC clarifies that when a request falls under FMLA, the employer can “run the leave” under FMLA first. The ADA interactive process begins when there is no other option or program available. For example, it may start when 12 weeks under FMLA have run out. But still, FMLA compliance doesn’t necessarily meet the employer’s ADA obligations.
Employers usually run FMLA via a leave team or external administrator and accommodations through HR
The EEOC states that those teams must communicate with each other so a request for more leave isn’t handled incorrectly. Any form letters a leave administrator sends out should inform the employee to ask HR about more leave as an accommodation.
Is a Leave of Absence the Same as FMLA?
No, FMLA is a specific type of leave of absence (LOA). Leave of absence is a term HR uses for extended time away from work and it can run under FMLA, the ADA, state leave laws, workers compensation, short-term disability or a company’s own policy.
Each type has its own rules.
For example, FMLA has fixed eligibility, a maximum of 12 weeks allowed, and specific certification forms. The ADA doesn’t have a fixed limit and runs entirely through the interactive process. State leave laws in California, New York, and Washington provide paid leave through state-run programs, while FMLA leave is unpaid.
An absence can fall into more than one category at a time.
If a leave qualifies for FMLA, it is the employer’s obligation to designate the type of leave in their system and notify the employee. This applies even if they are already using paid leave or receiving disability benefits for the same absence. Unlike the ADA’s requirements, an employee doesn’t have to mentioned FMLA when asking for time off.
Employers who don’t do their due diligence here end up paying high costs.
The DOL recovered $438,625 for two production workers at an Alabama car manufacturer who were fired under an attendance point system after FMLA-protected absences. DOL discovered that the employer hadn’t told them within 5 business days that they might be eligible and had not designated the leave as FMLA.
Is ADA Leave Paid?
Usually not. The ADA doesn’t mandate an employer to pay for an employee’s leave beyond what’s already in their policy, so leave granted as an accommodation is typically unpaid.
However, the employer does owe equal access.
An employee with a disability gets any paid leave the policy offers on the same terms as any other worker. In one EEOC example, an employee requests 6 days of sick leave for their disability treatment after using up their ten days of paid annual leave.
The employer is required to give the four paid sick days the policy provides, and can make the other two unpaid, unless they cause undue hardship.
Pay doesn’t necessarily have to come from the employer either.
Depending on the state, an employee on leave can receive wage replacement through a state paid family and medical leave program.
How Does ADA Work with FMLA?
As the maximum period for FMLA leave approaches, HR has three decisions to make.
- Don’t treat week 12 as the end. Employers may need to grant leave past their maximum leave policy as a reasonable accommodation unless it causes undue hardship.
- Weigh undue hardship. Employers or HR can count the FMLA leave as a factor when considering undue hardship. They can also consider how the absence affects coworkers and daily operations. Indefinite leave is typically a hardship but extending past 12 weeks isn’t.
- Plan the return. A “100% healed” policy where an employee can’t return until they have no medical restrictions can violate the ADA. If the employee Is unable to continue their previous role despite an accommodation, HR has to consider reassignment to a vacant role they qualify for.
How Sodales Helps HR Manage FMLA and ADA Leave Requests
When an employee’s FMLA leave is close to its end, HR and leave teams require the same case information to make consistent decisions.
FMLA case management tracks leave eligibility, leave balances, and return-to-work plans while workplace accommodation software supports the ADA interactive process and documents accommodation requests.
If an employee transitions from FMLA leave to an ADA accommodation, restrictions and case details are automatically carried forward in a connected case history.
