Two laws, one condition: ADA disability doesn’t necessarily warrant FMLA leave — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Two laws, one condition: ADA disability doesn’t necessarily warrant FMLA leave

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in FMLA Guidelines,Human Resources

Some employers think disabled employees are automatically eligible for FMLA leave in addition to being entitled to reasonable accommodations. That’s not always true.

Just because someone has a disability doesn’t mean she has a serious health condition that qualifies for FMLA leave.

Take, for example, an employee who uses a wheelchair to get around. She’s disabled under the ADA and entitled to reasonable accommodations such as clear access to the workplace and perhaps a parking spot by the door. How­­ever, she’s not automatically eligible for FMLA leave.

The same may be true for disabilities that aren’t mobility-related but that hinge on medical symptoms. Consider this recent case.

Recent case: Rebecca was an overnight clerk in a hospital’s critical care unit. She suffered from a long list of health problems, including chronic migraines, vertigo, seizure-related problems, a sleep disorder, neurological maladies and other comp...(register to read more)

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