Interactive Employer Tool

ADA or FMLA?

Use this educational decision tool to help identify whether an employee situation may involve FMLA, ADA accommodation, or both.

Start the Tool

Question 1: Has the employee exhausted available FMLA leave?

This includes reviewing whether the employee has used their available FMLA entitlement for the applicable leave year.

Question 2: Can the employee perform the essential job functions?

Consider whether the employee can perform the core duties of the job, with or without reasonable accommodation.

Question 3: Is a reasonable accommodation available?

Examples may include schedule changes, job modifications, temporary leave, modified equipment, or other case-specific options.

Question 4: Has the interactive process been completed?

The interactive process helps the employer and employee review limitations, essential functions, documentation, and potential accommodations.

Your Result

    Educational Disclaimer: This ADA or FMLA tool is provided for general educational guidance only. It is not legal advice and does not create an attorney-client relationship. ADA, FMLA, workers’ compensation, pregnancy accommodation, state leave, disability, and company policy issues can overlap. Employers should review each situation individually and consult qualified legal counsel or compliance professionals before making employment decisions.

    ADA or FMLA: How Employers Should Think About Leave and Accommodation

    Employers often struggle with whether an employee situation should be handled under FMLA, ADA, or both. FMLA focuses on protected leave for eligible employees of covered employers. ADA focuses on reasonable accommodation for qualified employees with disabilities, unless the accommodation would create an undue hardship.

    When FMLA May Apply

    FMLA may apply when an eligible employee needs protected leave for a qualifying family or medical reason and still has available FMLA leave.

    When ADA May Apply

    ADA may apply when the employee has a disability, can perform the essential functions of the job with or without accommodation, and a reasonable accommodation may allow the employee to remain employed or return to work.

    When Both May Apply

    Some situations involve both FMLA and ADA. For example, an employee may use FMLA for a serious health condition and may also need an ADA accommodation before returning to work, after FMLA is exhausted, or during intermittent limitations.

    How FLARE™ Helps

    FLARE™ helps employers find leave and accommodation gaps, locate process breakdowns, analyze risk areas, recommend improvements, and elevate the overall employee leave experience.