How Do ADA & FMLA Relate?

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    Family and Medical Leave Act

    • The Family and Medical Leave Act requires that employers give their employees up to 12 weeks of unpaid leave from their job for reasons such as giving birth and to care for a newborn, adoption of a child, care of an immediate family member with a serious health condition, or inability to work due to a health condition of their own.

    Americans with Disabilities Act

    • The Americans with Disabilities Act is designed to prohibit businesses from discriminating against any person qualified to do their job simply because they are disabled. It ensures that all employees have equal access to promotions and other opportunities in the workplace.

    Relation

    • If a person is seriously injured or becomes ill to the point where they will be considered disabled in the eyes of the law, their employer must give them 12 weeks of unpaid medical leave as they recover per FMLA. When the 12 weeks are up, if the employee decides to return to work, under ADA the employer must open to that employee the same opportunities and benefits that would have come to him or her before the injury or illness.

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