FMLA & ADAAA

Family Medical Leave Act vs. Americans with Disabilities Act Amendments Act

FMLA

ADAAA

PWFA

Enforcement Authority

Department of Labor (Wage and Hour Division)

Equal Employment Opportunity Commission (EEOC)

Overview

Entitles eligible employees of covered employers to take paid or unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave

Protects the rights of people with disabilities by eliminating barriers to their participation in many aspects of living and working in the US

Requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions.

Purpose

Sets minimum leave standards for employees:

for the birth and newborn care of a child
placement of a child for adoption or foster care to care for an immediate family member with a serious health condition
for the employee’s serious health condition
a qualifying military exigency arising from the employee’s spouse, son, daughter or parent’s active military duty
to care for a covered service member with a serious injury or illness incurred in the line of active duty if the employee is the spouse, child, parent, or next of kin of the service member (military caregiver leave) – 26 weeks

Prohibits discrimination against applicants and employees who are “qualified individuals with a disability”

Prohibits discrimination against an individual who has a relationship with someone who has a disability

To provide reasonable accommodations

• Ensure fair treatment of workers affected by pregnancy, childbirth, or related medical conditions.
• Require employers to provide reasonable accommodations for pregnancy related limitations, similar to the ADA process.
• Prevent discrimination by prohibiting employers from denying employment opportunities based on the need for accommodations.
• Reduce forced leave by requiring accommodations rather than forcing workers to take unpaid or disability leave.
• Protect against retaliation for requesting or using pregnancy-related accommodations.
• Promote workplace health and safety for pregnant and postpartum employees.

Eligibility

An employee who has worked at least 12 months and 1250 hours
prior to the start of the leave

**If an employee is not eligible, refer to ADAAA process**

An employee (or applicant) who is disabled as defined by the ADAAA, is qualified for the position and can perform the essential functions of the position with or without a reasonable accommodation

Employees, applicants, and former employees experiencing known limitations due to pregnancy, childbirth, or related medical conditions (e.g. morning sickness, sciatica, postpartum complications)

Length of Leave

12 weeks in the 12 month period as defined by the employer

**COM follows a rolling calendar year**

No specific limit for the amount of leave that would be provided as a reasonable accommodation
**Determined on case-by-case basis**

Triggers

Employee out for 3 days or more, the division sends FMLA documents

Does not require the employee to use magic words such as “accommodation” or “disability”

Pregnancy, childbirth, or related medical conditions

Reference

COM FMLA Policy 66-06

COM ADAAA Policy 30-04