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Workers may receive protection with crossover of ADA and FMLA

Workers may receive protection with crossover of ADA and FMLA

On Behalf of | Apr 19, 2022 | Americans with Disabilities Act

Residents and employees of California may have an interest in what happens when protection from the ADA (Americans with Disabilities Act) is in combination with the FMLA (Family and Medical Leave Act). Both of these acts are in place to offer protection to employees when reasonable accommodation or time off is a need.

According to studies of both laws, it is important for employees with serious medical conditions or disabilities to be aware of these programs. They are in place to give you protection if you need medical leave. They may be in force separately, but in some cases, will combine and cross over, extending the leave.

What is the FMLA?

This act requires 12 weeks of unpaid leave to certain employees to care for serious medical conditions. It might include time off for pregnancy and care of a newborn as well as other issues. FMLA might include paid leave, which could be vacation days not taken or sick leave; this is when the employee is unable to work due to a serious health issue. The law applies to employers with at least 50 workers.

What is the ADA?

The Americans with Disabilities Act requires reasonable accommodations for employees with disabilities. It also prohibits discrimination against those who have a disability. This includes changes to the workplace that will make work and the facility more accessible.

Why you should be aware of both laws

The ADA allows employees to take a leave of absence to attend to their disability. This might receive consideration as a reasonable accommodation. The good news for an employee might be coverage by both the FMLA and the ADA; if you require medical leave to care for your condition, you could get more time off. It would be more than the mandatory 12 weeks of leave, because of the crossover.

You may be able to take additional time off for attention to a health condition. However, you should know that some people who have coverage under FMLA may not be ADA “disabled.”

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