Although the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) have been in effect for more than 20 years, there is still uncertainty whether a remedy under one act can also apply under the other. The ADA has been called the "return to work" statute. It requires an employer to provide a reasonable accommodation to an employee with a disability. The FMLA requires allowing unpaid leave for eligible employees dealing with changes in family situations (birth or adoption) or with serious health conditions (of the employee or a family member). Two questions have arisen: (1) can a reasonable accommodation under the ADA include a grant of leave and (2) does the FMLA provide for reasonable accommodations following a leave, such as permitting an employee to initially work from home?
The first question was answered in ICLE's recent FMLA/ADA Update. Susan Hartmus Hiser and John R. Runyan said that brief leaves of absence may be available under the ADA if (1) the employee gives the employer an estimated date when she can resume essential duties and (2) the request for leave assures the employer that the employee can perform the essential job functions in the near future. As to the second question, the speakers noted that recent caselaw has stated that the FMLA is not a reasonable accommodation statute.
The FMLA/ADA Update 2013 discusses other current issues under the FMLA and ADA, and ICLE's Employment Law in Michigan and Employment Litigation in Michigan have chapters covering both statutes in detail.