Understanding the Overlap Between FMLA, ADA

Overview Rare is the employer who hasn’t encountered a thorny employee leave issue. Many employers assume that an employee who isn’t eligible for FMLA leave does not have job protection. But the FMLA is not the only federal law that could provide employees job-protected leave. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) require employers to provide reasonable accommodations to qualified employees with disabilities so that they can perform the essential functions of their jobs—and a leave of absence may very well be such a reasonable accommodation. Employees who sustain a work-related injury may be eligible for time off from work under workers’ compensation laws.


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