From the Hotline: Does ADA Apply When Not Eligible for FMLA

Question: Does the Americans with Disabilities Act (ADA) apply when an employee is not eligible for leave under the Family and Medical Leave Act (FMLA)? What paperwork is necessary?

Answer: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave, an employer should explore its obligations to grant unpaid leave in accordance with Company policy and the Americans with Disabilities Act (ADA). Unfortunately, there is not a comprehensive list of specific disabilities that are covered. Therefore, an employer should invoke an interactive discussion seeking clarification from the employee to determine if the employee may have a disability which requires a reasonable accommodation. In this case an employee’s physician may complete the ADA health care certification form for this purpose. That form is available at http://askjan.org/media/medical.htm.