Navigating Leave Laws

Navigating Leave Laws: What Small Business Owners Need to Know About FMLA and ADA

Managing employee leave can be one of the most complex aspects of running a small business, especially with the requirements set forth by the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Small business owners need to understand these regulations to remain compliant and provide fair treatment to their employees. This guide will break down the basics of these laws and offer actionable steps to help small businesses navigate leave-related obligations.

What Is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees of covered employers to take unpaid, job-protected leave for specific family and medical reasons.

Who Must Comply with FMLA?

• Employers with 50 or more employees within a 75-mile radius.

• Employees must have worked for the employer for at least 12 months and logged at least 1,250 hours in the past year to be eligible.

Key Provisions of FMLA

• Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for:  

• The birth or adoption of a child.

• A serious health condition of the employee or their immediate family member.

• Qualifying exigencies related to a family member’s military deployment.

• In some cases, employees caring for an injured service member can take up to 26 weeks of leave.

• Employers must maintain the employee’s health insurance during the leave period and restore them to the same or an equivalent position upon their return.

What Is the ADA? The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations. Who Must Comply with the ADA?

• Employers with 15 or more employees are required to comply with the ADA.

Leave as a Reasonable Accommodation Under the ADA, leave can be considered a form of reasonable accommodation if:

• The leave allows an employee to manage or recover from a disability.

• It does not impose an undue hardship on the employer’s operations.

Employers must engage in an interactive process with employees to determine reasonable accommodations, which could include flexible scheduling, modified duties, or additional leave beyond FMLA protections.  Common Challenges and Missteps Understanding the overlap between FMLA and ADA can be tricky, especially when they apply simultaneously. Here are some common compliance challenges: 1. Misclassifying Employees Ensure job descriptions and employee classifications are accurate and align with FMLA and ADA requirements. Misclassifications can lead to legal disputes. 2. Tracking Employee Leave Failing to track leave properly can lead to non-compliance. Small businesses should implement systems to monitor leave balances, medical certifications, and eligibility periods. 3. Balancing Business Needs Providing extended leave or accommodations can strain small businesses. However, ignoring requests or failing to follow proper procedures can result in costly penalties and lawsuits.