Understanding the Interplay of FMLA and ADA when Dealing with Employee Absenteeism

Employers handling employee absences may have to comply with two federal laws at once. The ADA covers employers with at least 15 employees, and leave can be a reasonable accommodation. The FMLA covers employers with at least 50 employees and gives eligible employees 12 weeks of unpaid leave a year.

This 75-minute FMLA and ADA interplay webinar explains your obligations under each law, where they overlap and where they diverge. You'll compare a serious health condition under the FMLA with a disability under the ADA, and see which conditions fall under one law, the other or both.

You'll also learn how to substantiate leave through FMLA certification and ADA medical inquiries, the limits courts place on indefinite leave, undue hardship, and when the ADA may require leave after FMLA runs out.

• Explain the basic eligibility requirements of the ADA and FMLA
• Distinguish the conditions and reasons for leave each law protects
• Identify conditions that may be covered only by the FMLA
• Compare how employers may substantiate leave under each law
• Describe the limits federal laws and courts place on the length of leave
• Assess the consequences and liability of failing to comply

• Which employers are covered by the FMLA and ADA
• When employee rights begin under each law
• Which employees are eligible for leave under the FMLA and under the ADA
• What counts as a serious health condition under the FMLA
• How an employee qualifies as an individual with a disability under the ADA
• When leave is a reasonable accommodation under the ADA
• How ADA disability differs from an FMLA serious health condition
• Conditions covered by both laws, only by the ADA or only by the FMLA
• Substantiating the need for leave: FMLA certification and ADA medical information
• Limits courts are placing on indefinite leave under the ADA
• Factors that can make leave an undue hardship
• Whether qualified individuals with disabilities are automatically entitled to FMLA leave
• When the ADA may require leave after the 12-week FMLA entitlement is exhausted
• Potential damages for violating the FMLA or ADA

Violating either law while managing employee leave can lead to costly litigation and attorney fees. Knowing what each law requires and restricts helps you avoid expensive mistakes.

The session suits HR leaders and staff from CHRO to generalist, leave administrators, benefits specialists, general and plant managers, and owners of smaller businesses.

• Human Resources (CHRO, Vice President, Director, Coordinator, Generalist)
• Leave administrator or coordinator
• Benefits specialist
• General manager or plant manager
• Business owner, for smaller companies

Rebecca Jacobs is a Training Consultant and Employment Law Attorney with Rebecca Jacobs LLC. Collaborating with her clients, Rebecca develops and presents customized employee training on topics such as harassment prevention, bystander intervention, and discrimination avoidance. She also trains managers on numerous matters, including family and medical leave and disability accommodation requests.

Since 2006, she has been an adjunct lecturer for the Department of Management and Human Resources at the Ohio State University's Max M. Fisher College of Business. She teaches the "Contemporary Employment Practices and the Law" class and has recently expanded her teaching to include “Contemporary Employment Practices and the Law II.”

She has been an employment law attorney for over 20 years and tried several cases in federal and state courts, including oral argument before the Sixth Circuit Court of Appeals. She has counseled clients on numerous employment law matters and has prepared employee policies and handbooks. In January 2019, Columbus CEO magazine quoted her in “Employment Law: Making it Official with Love Contracts”. She holds a Juris Doctorate from Vanderbilt University School of Law and a Bachelor of Arts degree from the University of California, Santa Cruz. She is admitted to practice law in Ohio and licensed (inactive) in California.