FMLA & ADAAA

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

 

FMLA

ADAAA

Enforcement
Authority
Department of Labor (Wage and Hour Division)Equal Employment Opportunity Commission (EEOC)
OverviewEntitles 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
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
EligibilityAn 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
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**
TriggersEmployee 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”
ReferenceCOM FMLA Policy 66-06COM ADAAA Policy 30-04
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