It’s important to know how your responsibilities differ under the ADA and the .
The ADA requires you to allow part-time work as an accommodation only if doing so is reasonable for your company’s operations. But under the FMLA, employees have the unconditional right to , including working part-time for an extended period.
The difference stems from the fact that is an entitlement: You must give eligible employees the time off regardless of your reasonable business needs. The ADA, on the other hand, calls for you to balance business needs with the worker’s need for accommodation.
Bottom line: No matter how burdensome an employee’s request for seems, you must allow him or her the necessary time off.
Recent case: After accountant Kimbra Matthews had eye surgery, her doctor certified that she had a “serious health condition” (as defined by the FMLA) and advised her to work halfdays for three months.
Instead of granting her request for , her employer made her take 12 weeks of unpaid leave. It argued that it couldn’t afford to hire a part-time replacement and still pay Matthews for part-time work.
Matthews sued. The court upheld her FMLA claim, saying she needed half-time work and was entitled to it. (Matthews v. Village Center Community Development District, No. 5:05-CV-344, MD FL, 2006)
- Tell worker when interactive accommodations process ends
- What should we do? Returning employee wants full-time work, we want part time
- Feel free to deny employees' FMLA leave requests that aren't legitimate under the law
- Attendance discipline: Keep FMLA out of equation
- Calling in 'sick' won't trigger FMLA; employee must give details