How the FMLA overlaps with the ADA
Definitions of serious health and condition and disability not the same
A serious health condition is not the same as a disability under the Americans with Disabilities Act.
A serious health condition is an illness or injury that requires either:
- inpatient care in a hospital, hospice or residential medical care facility, or
- continuing treatment by a health care provider.
This definition includes many short-term or acute conditions that do not meet the definition of a disability under the ADA. An ADA-defined disability requires that a condition last, at least 12 months, in order to qualify as a disability and that it impair the individual’s ability to perform major life activities.
For example, a person with a broken arm may have a serious health condition, but may not meet the definition of a disability under the ADA, if the arm heals within a year and does not substantially limit his or her ability to perform major life activities.
Individuals covered under both the ADA and the FMLA
The question of whether or not an individual is covered under the FMLA and the ADA must be determined on a case-by-case basis. In some cases, there will be individuals who may be covered by both FMLA and ADA.
Therefore, it is possible that an individual may receive up to 12 weeks of leave under the FMLA and then require reasonable accommodations when he or she returns to the workplace, including additional leave or schedule modifications.
For example, a person who has had a stroke or spinal cord injury requiring hospitalization and subsequently has a substantial limitation in walking would have both a serious health condition and a disability.
