TLDR; Navigating the complexities of leave entitlements under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) can be daunting for both employers and employees. This article delves into the intricacies of intermittent leave, its coverage under the ADA, and how it intersects with FMLA provisions, aiming to provide a thorough understanding for all parties involved. By exploring key concepts such as reasonable accommodation, undue hardship, and the interactive process, we aim to clarify the obligations and rights under these laws.
The ADA, enacted in 1990, seeks to protect individuals with disabilities from discrimination in various spheres, including employment. It requires employers to provide reasonable accommodations to qualified individuals unless doing so would cause undue hardship. On the other hand, the FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons, offering up to 12 weeks of leave within a 12-month period.
Intermittent leave refers to leave taken in separate blocks of time due to a single qualifying reason. This concept is well-established under the FMLA for serious health conditions that require periodic treatment. Regarding the ADA, intermittent leave can be considered a form of reasonable accommodation, provided it does not inflict undue hardship on the employer’s operations.
Under the ADA, an employer is obligated to engage in an interactive process with the employee to determine suitable accommodations, which may include adjustments to work schedules or granting intermittent leave, among others. This process aims to ensure the employee can perform the essential functions of their job. However, accommodations such as indefinite leave, which the Equal Employment Opportunity Commission (EEOC) deems unreasonable, are not mandated.
An employer may deny ADA accommodations, including intermittent leave if they can demonstrate that such accommodations would result in undue hardship. Factors influencing this include the nature and cost of the accommodation, the overall financial resources of the facility, and the impact on the employer’s operations and other employees. It’s a determination made on a case-by-case basis, considering the specific circumstances.
Read More: Understanding Undue Hardship Under the ADA
Intermittent leave requests often intersect ADA and FMLA provisions. While FMLA leave is explicitly designed to include intermittent leave for serious health conditions, ADA leave considerations are broader, potentially encompassing additional leave beyond FMLA entitlements as a reasonable accommodation. This includes instances where an employee has exhausted their FMLA leave but may still require additional unpaid leave as an ADA accommodation.
Employers are entitled to request medical documentation to validate the employee’s need for intermittent leave as an ADA accommodation. This documentation must substantiate that the employee’s condition qualifies as a disability under the ADA, affecting major life activities or impairing their ability to perform essential job functions.
Employers must also consider the ADA when enforcing attendance policies. While regular attendance can be deemed an essential function of many jobs, the ADA may require modifications to such policies as a form of reasonable accommodation, including allowing intermittent leave or a modified schedule, unless doing so would cause undue hardship.
The length of leave under the ADA is not specified, unlike the FMLA’s 12-week cap. Instead, the duration of ADA leave, including intermittent leave, should be determined through the interactive process, considering the employee’s medical needs, the availability of alternative accommodations, and the impact on the employer’s operations.
The ADA promotes a broader view of accommodations beyond leave, encouraging employers and employees to consider alternative adjustments. These might include reassignment to a vacant position, modified work schedules, part-time work, or modifications of equipment or duties to enable the employee to perform essential functions.
Employers’ leave policies must also comply with ADA requirements. This means that employer-provided leave, such as sick or other paid leave, must be administered without discrimination against employees with disabilities. Employers should review their policies to ensure they accommodate the needs of disabled employees, including the provision of intermittent leave as necessary.
The interactive process is a cornerstone of ADA compliance, requiring good faith communication between the employer and the employee to identify appropriate accommodations. This process is critical in determining the feasibility of intermittent leave, taking into account the specific needs of the employee, the essential functions of their job, and the employer’s ability to accommodate those needs without experiencing undue hardship.
Read More: What is the Interactive Process under the ADA?
Intermittent leave under the ADA represents a critical accommodation that can enable employees with disabilities to manage their health while continuing to contribute to their workplace. It underscores the importance of flexibility, communication, and a proactive approach to accommodations. By understanding and adhering to the provisions of both the ADA and FMLA, employers can create an inclusive environment that respects the rights and needs of all employees.
Navigating the intricacies of intermittent leave requires a thorough understanding of both the ADA and FMLA, a commitment to the interactive process, and a flexible approach to employment practices. By fostering an environment of understanding and cooperation, employers and employees can work together to find effective solutions that accommodate the needs of individuals with disabilities, ensuring compliance with federal regulations and promoting a diverse and inclusive workforce.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for progressive companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
Under the ADA, an employer is obligated to engage in an interactive process with the employee to determine suitable accommodations, which may include adjustments to work schedules or granting intermittent leave, among others. This process aims to ensure the employee can perform the essential functions of their job. However, accommodations such as indefinite leave, which the Equal Employment Opportunity Commission (EEOC) deems unreasonable, are not mandated.
An employer may deny ADA accommodations, including intermittent leave if they can demonstrate that such accommodations would result in undue hardship. Factors influencing this include the nature and cost of the accommodation, the overall financial resources of the facility, and the impact on the employer’s operations and other employees. It’s a determination made on a case-by-case basis, considering the specific circumstances.
Read More: Understanding Undue Hardship Under the ADA
Intermittent leave requests often intersect ADA and FMLA provisions. While FMLA leave is explicitly designed to include intermittent leave for serious health conditions, ADA leave considerations are broader, potentially encompassing additional leave beyond FMLA entitlements as a reasonable accommodation. This includes instances where an employee has exhausted their FMLA leave but may still require additional unpaid leave as an ADA accommodation.
Employers are entitled to request medical documentation to validate the employee’s need for intermittent leave as an ADA accommodation. This documentation must substantiate that the employee’s condition qualifies as a disability under the ADA, affecting major life activities or impairing their ability to perform essential job functions.
Employers must also consider the ADA when enforcing attendance policies. While regular attendance can be deemed an essential function of many jobs, the ADA may require modifications to such policies as a form of reasonable accommodation, including allowing intermittent leave or a modified schedule, unless doing so would cause undue hardship.
The length of leave under the ADA is not specified, unlike the FMLA’s 12-week cap. Instead, the duration of ADA leave, including intermittent leave, should be determined through the interactive process, considering the employee’s medical needs, the availability of alternative accommodations, and the impact on the employer’s operations.
The ADA promotes a broader view of accommodations beyond leave, encouraging employers and employees to consider alternative adjustments. These might include reassignment to a vacant position, modified work schedules, part-time work, or modifications of equipment or duties to enable the employee to perform essential functions.
Employers’ leave policies must also comply with ADA requirements. This means that employer-provided leave, such as sick or other paid leave, must be administered without discrimination against employees with disabilities. Employers should review their policies to ensure they accommodate the needs of disabled employees, including the provision of intermittent leave as necessary.
The interactive process is a cornerstone of ADA compliance, requiring good faith communication between the employer and the employee to identify appropriate accommodations. This process is critical in determining the feasibility of intermittent leave, taking into account the specific needs of the employee, the essential functions of their job, and the employer’s ability to accommodate those needs without experiencing undue hardship.
Read More: What is the Interactive Process under the ADA?
Intermittent leave under the ADA represents a critical accommodation that can enable employees with disabilities to manage their health while continuing to contribute to their workplace. It underscores the importance of flexibility, communication, and a proactive approach to accommodations. By understanding and adhering to the provisions of both the ADA and FMLA, employers can create an inclusive environment that respects the rights and needs of all employees.
Navigating the intricacies of intermittent leave requires a thorough understanding of both the ADA and FMLA, a commitment to the interactive process, and a flexible approach to employment practices. By fostering an environment of understanding and cooperation, employers and employees can work together to find effective solutions that accommodate the needs of individuals with disabilities, ensuring compliance with federal regulations and promoting a diverse and inclusive workforce.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for progressive companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
