Can an FMLA serious health condition also be an ADA disability

Serious health condition

In basic terms, an FMLA serious health condition is an illness, injury, impairment, or physical or mental condition that involves hospital care or continuing treatment by a health care provider. This condition makes it hard for the person to work or do daily activities.

Disability

A person has a disability if they:

• Have a physical or mental condition that substantially limits a major life activity,
• Have a history of such a condition, or
• Are treated unfairly at work because of a physical or mental impairment the individual has or is thought to have.

Both could apply

Some FMLA serious health conditions, such as most cancers and serious strokes can also be ADA disabilities. Other conditions might not be ADA disabilities because they are not considered impairments (e.g., pregnancy), or they are not substantially limiting (e.g., a simple broken leg).

Having a record of a serious health condition under the FMLA does not always mean the person has a record of a disability under the ADA.

Also, just because someone has a serious health condition under the FMLA does not mean the employer treats them unfairly because of the condition. For the third part of the ADA, the employer must see the impairment as one that is not minor and lasts less than six months.

To determine if an individual has an ADA disability, employers must consider all the evidence, including any information about whether the person has or had an FMLA serious health condition.

While the FMLA allows up to 12 weeks of leave per year, the ADA might require employers to give more leave beyond those 12 weeks as a reasonable accommodation.

Key to remember: FMLA serious health conditions and ADA disabilities are defined differently, but an employee’s condition might fall under both laws.