The expansion of the Americans with Disabilities Act (ADA) which became effective in 2009 extended protections to significantly more people than the original ADA.
This makes it more important for employers to prepare for the possibility of an employee with a serious condition being affected by both the ADA and the Family and Medical Leave Act (FMLA). The ADA requires employees to demonstrate that he or she is physically or mentally impaired in a way that impedes a major life activity, generally speaking. The expansion of the ADA changed the meaning of this standard, broadening it so that a greater number of people can qualify.
This was done in several ways. First, impairments need not be permanent to qualify, and may not even have to be long-term. Second, employers assessing the impairment have been directed to ignore the impact of any medication or other mitigating measures, even if they wholly counteract the effects of the impairment, except in the case of corrective eyewear.
The disabilities included still qualify even if in remission, and the ADA now looks at a broader spectrum of "major life activities," so it is much more likely for a problem to interfere with one. In addition to all these changes, the Equal Employment Opportunity Commission has proposed rules that would cause some impairments to qualify as disabilities automatically.
The ADA and FMLA
With all these alterations allowing the ADA to apply to more people, it is guaranteed to overlap significantly more with the FMLA. If an employee is entitled to FMLA leave, then, they may also qualify as disabled under the ADA and have a legal right to "reasonable accommodations" from their employer, and vice versa.
Employers who have not yet considered these issues may wish to evaluate their employees who are recognized as having a disability or serious health condition to see if they might qualify for both under the current regulatory system. Similarly, any future changes to ADA or FMLA regulations might necessitate a new look at the other as well. This could help maintain HR compliance and avoid errors.
The expansion of the ADA may also make it easier for a leave request made to care for an adult child to qualify, since the FMLA states that ADA rules apply to such requests. With the criteria broadened, employers should be certain they treat such FMLA requests with care and due consideration, and expect that more of them will likely be protected than in the past.
