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TLDR; Disclo is in ADA territory. FMLA is technically considered a reasonable accommodation under the ADA, meaning ‘leave’ would be an accommodation an employee could request on Disclo.
“Work Leave” is one of many accommodations that an employer can offer to their employees. As of today, we’re not in the business of helping to provide a particular accommodation like in the case of FMLA software companies such as Sparrow and Cocoon. Disclo is a tool and a standardized process for requesting such accommodations (with ‘leave’ being one of the accommodation options).
The Americans with Disabilities Act (ADA) applies to employers with 15 or more workers. In turn, the Family and Medical Leave Act (FMLA) applies to all government employers (local, state and federal) and to private businesses with 50 or more workers within 75 miles. Of course, there are some exceptions.
Below please find a cheat-sheet for understanding the difference between ADA and FMLA requirements.
Fact: Employees have a right to work-leave under the ADA. Employees who are substantially limited in one or more major life activities due to a physical or mental impairment have rights under the ADA. One of these is the right to accommodation and work-leave can be one form of accommodation.
Fact: There is no set amount of work-leave that the employer must grant to an eligible employee. The amount of leave granted depends on the job as well as the disability and must be determined on an individual basis (as with all other accommodations). An employer must grant leave as a form of reasonable accommodation, unless doing so would cause them ‘undue hardship’. Note that In many cases, undue hardship can be difficult for the employer to prove.
