When it comes to employee leave, the lines between different laws and processes can blur. Many HR teams assume that all leave requests fall under the Family and Medical Leave Act (FMLA). But in reality, leave can also be a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Pregnant Workers Fairness Act (PWFA).
Understanding the distinction matters—for compliance, for employee trust, and for avoiding costly legal risk.
FMLA leave: The basics
FMLA provides eligible employees with up to 12 weeks of job-protected leave for certain family and medical reasons. Key characteristics include:
FMLA is a federal entitlement program—it doesn’t depend on a disability definition, and once conditions are met, employers must grant it.
Leave as an accommodation
Under the ADA or PWFA, an employee with a disability or pregnancy-related condition may request leave as a reasonable accommodation—even if they don’t qualify for or exhaust their FMLA entitlement.
Key differences:
Most importantly, accommodation leave is not tied to an FMLA “bucket.” It can be requested at any point, and employers must consider it through the interactive process.
Why the confusion?
The overlap is where employers stumble:
Risks of getting It wrong
Treating all leave as FMLA (or denying requests outside it) exposes employers to:
Best practices for employers
The bigger picture
Accommodations aren’t limited to time away—they can include schedule adjustments, remote work, or job restructuring. But when leave is the accommodation, employers must recognize it as such. Employees don’t stop needing support once their FMLA runs out, and the law requires more than a one-size-fits-all leave policy.
How Disclo helps
At Disclo, we specialize in accommodations management, not just leave tracking. Our platform ensures HR teams can distinguish between FMLA leave and leave as a reasonable accommodation, document the interactive process, and stay compliant with ADA and PWFA requirements.
Leave management vendors may help track FMLA, but accommodations can be requested anytime, for any qualifying condition. That’s why employers need a partner built for the nuances of accommodation—not just entitlement.
If you’re ready to understand how leave fits into the bigger accommodations picture, reach out to our team.
When it comes to employee leave, the lines between different laws (FMLA, ADA, PWFA) and processes can blur. Here's what employers need to know.
When it comes to employee leave, the lines between different laws and processes can blur. Many HR teams assume that all leave requests fall under the Family and Medical Leave Act (FMLA). But in reality, leave can also be a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Pregnant Workers Fairness Act (PWFA).
Understanding the distinction matters—for compliance, for employee trust, and for avoiding costly legal risk.
FMLA leave: The basics
FMLA provides eligible employees with up to 12 weeks of job-protected leave for certain family and medical reasons. Key characteristics include:
FMLA is a federal entitlement program—it doesn’t depend on a disability definition, and once conditions are met, employers must grant it.
Leave as an accommodation
Under the ADA or PWFA, an employee with a disability or pregnancy-related condition may request leave as a reasonable accommodation—even if they don’t qualify for or exhaust their FMLA entitlement.
Key differences:
Most importantly, accommodation leave is not tied to an FMLA “bucket.” It can be requested at any point, and employers must consider it through the interactive process.
Why the confusion?
The overlap is where employers stumble:
Risks of getting It wrong
Treating all leave as FMLA (or denying requests outside it) exposes employers to:
Best practices for employers
The bigger picture
Accommodations aren’t limited to time away—they can include schedule adjustments, remote work, or job restructuring. But when leave is the accommodation, employers must recognize it as such. Employees don’t stop needing support once their FMLA runs out, and the law requires more than a one-size-fits-all leave policy.
How Disclo helps
At Disclo, we specialize in accommodations management, not just leave tracking. Our platform ensures HR teams can distinguish between FMLA leave and leave as a reasonable accommodation, document the interactive process, and stay compliant with ADA and PWFA requirements.
Leave management vendors may help track FMLA, but accommodations can be requested anytime, for any qualifying condition. That’s why employers need a partner built for the nuances of accommodation—not just entitlement.
If you’re ready to understand how leave fits into the bigger accommodations picture, reach out to our team.
