When an employee needs time off for a serious health condition or to take care of a family member, it can be difficult to know which law applies. The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) both provide employees with leave rights, but there are some important differences between the two laws. In this article, we will share some tips for coordinating leave under the FMLA and ADA.
1. Know the Difference Between the FMLA and ADA
The first step in coordinating leave is to understand the difference between the FMLA and ADA. The FMLA provides employees with up to 12 weeks of unpaid leave for a serious health condition or to care for a family member. The ADA, on the other hand, provides employees with leave for a disability. Both the FMLA and ADA require employers to provide medical documentation, but there are some important differences like the type of documentation required and the amount of leave that is available. You may even encourage your employees for ADA training and certification to know more about the law so that you can rest assured about compliance.
2. Coordinate Leave with Your Employer
Once you know which law applies to your situation, it is important to coordinate leave with your employer. Under the FMLA, you will need to provide your employer with medical documentation at least 30 days before your leave is scheduled to begin. With the ADA, you will need to provide medical documentation as soon as possible after you request leave. Your employer may also have their own policies about how to coordinate leave, so be sure to check with your HR department.
3. Keep Track of Your Leave
It is important to keep track of your leave, especially if you are taking leave under the ADA. The ADA requires employers to provide reasonable accommodations for employees with disabilities, and one of these accommodations is leave. If you are taking ADA leave, be sure to keep track of the days you are out so that your employer can provide the appropriate accommodations. Also, if you are taking leave under the FMLA, be sure to keep track of the days so that you do not exceed the 12-week limit.
Coordinating leave under the FMLA and ADA can be tricky, but it is important to know your rights and to coordinate with your employer. By following these tips and checking in with HR classes, you can make sure that your leave is properly coordinated and that you are able to take the time you need. Remember, if you have any questions, be sure to check with your HR department.