Balancing FMLA and ADA for a Permanent Reduced Schedule

Jane Smith, an experienced customer service representative, has worked for ABC Corporation for seven years. Recently, Jane was diagnosed with a chronic condition that limits her stamina and causes severe fatigue, preventing her from working a standard 40-hour workweek. Following her doctor's recommendation, Jane submits medical documentation stating she can work a maximum of five hours per day and not more than 25 hours per week. Jane requests a reduced work schedule as an accommodation.

ABC Corporation’s HR team reviews her request and recognizes that Jane qualifies for protection under both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Since Jane has worked at the company for over a year, meets the 1,250-hour eligibility requirement, and works at a location with 50 or more employees, she qualifies for FMLA. Additionally, Jane’s chronic condition qualifies as a disability under the ADA because it substantially limits a major life activity—working a full-time schedule.

Step 1: Why FMLA Has to Be Used First

Employers are generally required to apply FMLA first when an employee qualifies for it because FMLA provides specific rights, including job protection and maintenance of benefits, which must be honored for up to 12 weeks. The Department of Labor has clarified that FMLA leave must be designated appropriately and cannot be delayed or waived, even if the employee is also entitled to accommodations under the ADA.

Using FMLA first ensures:

• Compliance with the law: Employers must follow the FMLA's regulations when an eligible employee requests leave for a qualifying condition, including intermittent leave for a reduced schedule.
• Preservation of ADA rights: If the employee’s need for reduced hours continues beyond the FMLA period, the ADA then provides the framework for long-term accommodations. This sequencing avoids prematurely framing the reduced schedule as a permanent accommodation under the ADA when the condition might improve during the FMLA period.
• Job protection and benefits: FMLA ensures Jane retains her health benefits and has job protection during the 12 weeks of leave, which are critical safeguards not guaranteed to the same extent under the ADA.

HR approves Jane’s reduced schedule under FMLA first, allocating her reduced work hours as intermittent leave. For instance, if Jane works five hours per day instead of eight, the three hours she is not working each day are deducted from her available FMLA hours. This structured approach provides both Jane and the company with time to evaluate the situation.

Step 2: Transition to ADA Accommodation

After Jane exhausts her FMLA entitlement, her condition remains unchanged, and her need for a reduced schedule persists. At this point, HR evaluates her request under the ADA. Since ADA accommodations are not time-limited, HR approves the reduced schedule as a reasonable accommodation, provided it does not impose an undue hardship on the company.

The HR team collaborates with Jane’s manager to determine how to best manage her workload and redistribute tasks during the hours she is not working. Additionally, HR maintains open communication with Jane to monitor her condition and ensure the accommodation continues to meet her needs without disrupting business operations.

Solution Summary

1. Use FMLA first: If the employee meets FMLA eligibility requirements, the reduced schedule should initially be approved as intermittent FMLA leave. Employers are legally obligated to apply FMLA first because it provides specific rights and protections that cannot be delayed or bypassed.
2. Transition to ADA: Once FMLA is exhausted, the employer should evaluate the reduced schedule under the ADA as a reasonable accommodation, provided it does not impose an undue hardship.
3. Engage in the interactive process: Throughout this time, the employer and employee should maintain open communication to ensure the accommodation meets the employee’s medical needs while balancing the employer’s operational requirements.

By utilizing both FMLA and ADA appropriately, ABC Corporation demonstrates its commitment to compliance and compassion, ensuring Jane retains her position and contributes effectively despite her disability.

If you want to learn more about handling these challenging scenarios and become an expert in FMLA and ADA compliance, I invite you to join my next 2-Day FMLA/ADA Certificate Program. This comprehensive training will equip you with the knowledge and tools to navigate complex situations with confidence and ensure compliance. Don’t miss this opportunity to deepen your expertise and elevate your HR skills!

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Founder/CEO

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