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Sep27

ADA and FMLA separation

If an employee has a disability recognized under ADA and is allowed to work limited overtime as a result of that disability is that considered reasonable accommodation under the ADA or would it be covered by FMLA or both?

The Family and Medical Leave Act (FMLA) provides qualified employees of covered employers up to 12 workweeks of unpaid, job protected leave for specified family and medical reasons. Leave time can be used intermittently or as a reduced schedule.

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with covered disabilities unless doing so would cause an undue hardship. Reasonable accommodations often include modified work schedules or leniency in working mandatory overtime.

Often, both laws must be considered at the same time. Though it may be a burden, employers must ensure an employee who is eligible for protection under both laws is provided their full entitlements under each law.

In this situation, which law applies depends on whether the employee is working a reduced schedule or is simply being given leniency in working overtime.

If the employee is working a reduced schedule, meaning he normally is scheduled to work 9-5 but is temporarily working 9-3 due to his condition, then the time missed may be charged as FMLA leave. Now, an accommodation under the ADA is still being provided but the applicability of the FMLA takes precedence.

Sometimes employees are expected to work overtime and, at times, mandated to do so; however, such time is usually not considered their normal/regular work schedule. Excusing an employee from working overtime or allowing him to work less overtime than other employees, is more of an accommodation under the ADA than a reduced schedule leave under the FMLA.

This entry was posted on Sunday, September 27th, 2015 at 8:13 pm and is filed under
Labor Laws.
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