1. FMLA and ADA Overlap

2. Why Do
We Care
About
FMLA
and ADA
Overlap
Employers have responsibility to make sure employees receive
the benefits and protections required by the laws
Violations of these laws or error in application can result in
massive lawsuits, huge settlements, back pay, reinstatement,
retroactive pay, retroactive benefits, punitive damages
Majority of unscheduled and scheduled absences are related to
illnesses of employees and their family members, which may
involve one or both laws

3. Family and Medical Leave Act
(FMLA) Overview
Became effective August 5, 1993
Entitles eligible employees to take up to 12 weeks unpaid leave
Allows employees to balance work and family life
Minimizes employee discrimination while promoting equal employment opportunities for
men and women
Administered and enforced by U.S. Dept. of Labor’s Employment Standards Administration,
Wage and Hour Division

4. Employee Eligibility Requirements
Work for a covered
employer
Have worked for
the employer for a
total of 12 months
(doesn’t have to
be consecutive)
Have worked at
least 1,250 hours
over the previous
12 months
Work at a location
in the US where at
least 50
employees are
employed by the
employer within 75
miles.

5. Eligible Reasons for FMLA Leave
The birth and care
of a newborn child
of the employee
The placement
with the employee
of a son or
daughter for
adoption or foster
care
Caring for a
spouse, son,
daughter, or parent
with a serious
health condition
Taking medical
leave when the
employee is
unable to work
because of a
serious health
condition
For qualifying
exigencies arising
regarding
employee’s son,
daughter, or parent
while on active
duty status

6. ADA Overview
ADA prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring,
firing, advancement, job assignments, pay, benefits, job training, and other employment practices.
ADA covers employers with 15 or more employees.
ADA also requires that employers provide reasonable accommodation for a known disability of a qualified applicant or
employee if it would not impose an "undue hardship" on the operations of the employer's business.
The Equal Employment Opportunity Commission (EEOC) has primary responsibility for enforcing the employment-
related portions of the ADA.
The ADA Amendments Act of 2008 (ADAAA) was signed into law in 2008, effective January 1, 2009.
ADAAA made changes to definition of disability. Made it easier for individuals to claim he or she has a disability within the
meaning of the statute.
ADAAA states that definition of disability should be interpreted in favor of broad coverage of individuals.

7. Employee Eligibility Requirements
With or without
reasonable
accommodation can
perform the essential
functions of the job in
question
Has a physical or
mental impairment that
substantially limits one
or more major life
activities
Has a record of such
impairment
Is regarded as having
such impairment

8. Reasonable accommodation
may include
Making existing facilities
used by employees
readily accessible to
and usable by persons
with disabilities
Job restructuring,
modifying work
schedules,
reassignment to a
vacant position
Acquiring or modifying
equipment or devices;
adjusting or modifying
examinations, training
materials or policies;
and providing qualified
readers or interpreters

9. FMLA ADA

10. Covered Employers
Private
employers with
50 or more
employees
State and local
government
employees and
most federal
government
employers
FMLA
Private
employers and
employment
agencies with 15
or more
employees
State and local
governments,
but not the
federal
government
ADA

11. Qualifying Events
FMLA
Employee’s own serious medical condition;
Serious medical condition of the employee’s
spouse, child, or parent
Birth, adoption, or foster care placement of a
minor child
Qualifying exigency arising from a family
member’s call to active duty
Family member’s injury or illness incurred or
aggravated while on active duty military service
ADA
Qualified individual must have a physical or
mental impairment that substantially limits a
major life activity
“Record of” such an impairment
“Regarded” by others as having an impairment

12. Employee Eligibility
Worked for 12 months
and a total of 1,250 hours
Individual with a disability
who is qualified for the job
in question
Can perform the job with
or without reasonable
accommodation
FMLA
ADA

13. FMLA and ADA overlap is
complicated and
confusing
It is crucial for employers
to understand how the
interplay assures legal
compliance and provides
employees with the
benefits and protections
that each law offers
When an employee
exhausts his or her
FMLA leave
When an employee
wishes to take FMLA
leave to care for an
adult child
PROVISIONS OF THE TWO
LAWS INTERSECT IN 2 AREAS

14. Thank You
To knowmoreonFMLAorADA visit
www.complianceonline.com