What is FMLA?
FMLA is the acronym for the Family and Medical Leave Act. It is a federal labor law that provides eligible employees with up to 12 weeks (about 3 months) of unpaid, job-protected leave per year for specific family and medical reasons. Leave reasons are the birth and care of a newborn child, adoption, or foster care placement of a child, caring for an immediate family member with a serious health condition, or managing the employee’s own serious health condition. The FMLA also allows for leave related to certain military family needs. The act is intended to balance the demands of the workplace with the needs of families, and it applies to employers with 50 or more employees within 75 miles.
Employees who work for covered employers are eligible for FMLA if they have worked for the covered employer for at least 12 months and have worked at least 1,250 hours with the employer before their FMLA leave starts. Employees are entitled to continuation of their group health benefits under the same conditions if they had not taken leave. Once leave has ended, employees must be restored to the same or virtually identical position.
FMLA provisions are enhanced in certain states, with some providing workers paid time off for qualifying leave. Employers in the state of Pennsylvania follow the federal FMLA guidelines, while employers in New York are required to provide paid leave based on their state laws. Employers are encouraged to seek professional guidance on their specific state laws as it pertains to required medical leave.
What FMLA is not…
The benefit does not provide job protection for unsatisfactory work performance, but it does protect employees against retaliation for exercising their rights under the law. FMLA can sometimes be an intimidating topic for supervisors and can be tricky to navigate when the timeline for the employee’s need for leave intersects with the same timeline as performance issues. That does not prevent the employer from addressing performance deficiencies prior to or after an employee takes leave.
How does FMLA interact with other laws?
If an employer is a covered employer under the FMLA, then they are also a covered employer under the Americans with Disabilities Act (ADA). ADA and FMLA can intersect in several ways, as they address different aspects of employment rights and accommodations for individuals with serious medical conditions. In some cases, an employee’s medical condition may qualify as a disability under the ADA and necessitate leave under FMLA. In such situations, employers must ensure compliance with both laws. This may include providing reasonable accommodations under the ADA and can include additional leave once FMLA leave is exhausted.
Continuous leave: Under the ADA, a person with a disability may request reasonable accommodation to perform their job duties, which can include medical leave. So, an employee may be entitled to FMLA leave and then once leave is exhausted, additional leave may be requested as a reasonable accommodation. Determining a reasonable amount of additional leave could depend on many factors such as the size of the employer, if the employee is considered a “key employee” for FMLA purposes, or if the leave would impose undue hardship on the employer. Seeking professional guidance on making such a decision is recommended to ensure that the employer is complying with the legal requirements of both laws.
Intermittent Leave: FMLA allows for intermittent leave, where an employee takes leave in separate blocks of time or reduces their normal work schedule. This can be relevant for individuals with disabilities who may need periodic time off or adjustments to their work schedule due to medical appointments or treatments. Covered employers must provide these accommodations under the ADA if they are reasonable and do not impose undue hardship. The reasonable accommodations of intermittent leave would run concurrently with FMLA until exhaustion. Additional leave could be a reasonable accommodation under the ADA only if it does not impose undue hardship.
Returning from leave: Both the ADA and FMLA may impact an employee’s return to work after a medical leave. FMLA provides job protection during the leave period, ensuring that eligible employees can return to their same or an equivalent position. The ADA requires employers to provide reasonable accommodations to employees with disabilities to enable them to perform essential job functions upon return to work. Upon returning to work from FMLA, employers should ensure they have a medical release to return to work certified by the employee’s health care provider and then engage in the interactive process with the employee to determine appropriate accommodations. This process may involve discussions about the employee’s medical condition, limitations, or work restrictions.
Overlap of Protections: In summary, while the ADA and FMLA serve distinct purposes, they can intersect in situations involving medical conditions and accommodations in the workplace. Employers must navigate both laws to ensure compliance and provide appropriate support to employees with disabilities or medical needs.
Contact Hubric Resources for support in ensuring you comply with both laws if you encounter these employment situations.