Leave Related to the

Americans With Disabilities

Act
 ADA – Overview
Disability under ADA is defined as a physical or mental
impairment that:

• Substantially limits a major life activity

• Affects a major bodily function
• Includes disabilities perceived by the employer to exist,
whether or not they actually do

We are obligated under the ADA to engage with employees to

identify any reasonable accommodations that will allow them
to complete the essential functions of their jobs, which may
include leaves of absence.
 Leave as an ADA Disability
Accommodation
What is it?
• A medical leave of absence for an employee with a disability can be
a “reasonable accommodation” required under the law.

Who is eligible?
• The Employee must be disabled or perceived to be disabled to be
eligible. No minimum advance notice from the employee is
required, nor is there any length of service requirement.

How much leave is allowed?

• Leave that does not pose an undue hardship. Leave can be more
than the 12 week FMLA leave. There can be no maximum limit set.
All ADA leaves must be considered on a case by case basis.
 Intersection of Different Leaves
• Multiple laws may provide simultaneous protections for a
single employee (e.g., FMLA, OFLA, Worker’s
Compensation, Title VII, USERRA, ADA) and create a
situation where a worker may be protected under
multiple laws.
• When an employee is eligible for job protection under
two or all three of these laws their reemployment and
reinstatement rights can expand drastically.
• Due to the complexity of these issues decisions
concerning these situations should be deferred to
Human Resources and the appropriate Director or Vice
President and will be handled on a case by case basis.