ADA Meets FMLA: Where They Overlap and Where They Diverge

Quick Hits

• The ADA covers qualifying physical or mental impairments that substantially limit a major life activity.
• The FMLA covers serious health conditions involving inpatient care or continuing treatment by a healthcare provider.
• A medical condition may qualify under the ADA but not the FMLA, or vice versa, depending upon the severity, duration, and functional impact.

ADA and FMLA: Different Legal Analyses

The ADA and FMLA use two different legal frameworks and fact-intensive analyses.

The ADA covers physical and mental impairments that substantially limit one or more major life activities, such as breathing, sleeping, walking, eating, seeing, hearing, or thinking, with a limitation that is more than minor and not merely temporary. For example, having minor, temporary gastrointestinal symptoms may not be covered by the ADA, but a diagnosis of a chronic gastrointestinal condition, such as irritable bowel syndrome, may qualify for ADA coverage if it interferes with bending, sleeping, or bowel functions.

By contrast, the FMLA covers serious illnesses, injuries, or physical or mental impairments involving overnight hospital stays or continuing treatment by a healthcare provider. Key conditions that may indicate FMLA coverage include pregnancy, long-term or permanent conditions, incapacity for more than three consecutive days with follow-up medical care, or chronic conditions requiring at least two annual treatments. For example, severe flu symptoms lasting two days may not qualify for FMLA leave, but a case of flu requiring a hospital stay due to dehydration could qualify for FMLA leave.

Coverage and Employee Eligibility

The ADA and the FMLA diverge in coverage and eligibility thresholds. There are important differences in the reach of the two laws.

The ADA covers employers with fifteen or more workers, but the FMLA is narrower, covering employers with fifty or more workers in a seventy-five-mile radius. To qualify for FMLA leave, an employee must have worked for a covered employer for at least a year and completed at least 1,250 hours of service in the twelve months prior to the leave. To be eligible under the ADA, an employee must meet the skill, experience, and education requirements for the job and be able to perform the essential functions of the job with or without an accommodation. 

Employer Obligations: Accommodation vs. Leave

When an employee has an ADA-covered disability, an employer must provide a reasonable accommodation to a qualified employee, unless the accommodation would impose an undue hardship on the employer. For example, reasonable accommodations may include paid or unpaid leave, remote work, task reassignment or modification, schedule changes, or specialized equipment. When an eligible employee’s medical condition is covered under the FMLA, the employer must provide the employee with up to twelve weeks of unpaid, job-protected leave.

Chronic conditions and severity of symptoms may wax and wane over time or stop altogether. Employers may reassess and modify their decision about a reasonable accommodation under the ADA if the facts change concerning an employee’s medical condition(s), limitations, or job duties.

Employers can allow employees to use sick days or other paid time off if their condition does not qualify under the ADA or the FMLA.

Employers may wish to review their time off policies and practices and reasonable accommodations to ensure they comply with applicable state laws, which may be more stringent than federal laws.

Ogletree Deakins’ Employment Law Practice Group and Leaves of Absence/Reasonable Accommodation Practice Group will continue to monitor developments and will provide updates on the Employment Law and Leaves of Absence blogs as new information becomes available.

Courtney K. Lee is Of Counsel in Ogletree Deakins’ Las Vegas office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.

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