The Americans with Disabilities Act (ADA) gives you important protections as an employee with a disability, making sure you get fair accommodations at work. However, the ADA isn’t the only law that can help you. There are also other federal and California state laws that require accommodations, and it’s important to know how these laws work together.
ADA and the Family and Medical Leave Act (FMLA)
The ADA and the Family and Medical Leave Act (FMLA) can both apply if you have a medical condition. The FMLA allows eligible employees to take unpaid time off for medical reasons, and the ADA focuses on providing accommodations that help you do your job, which can include time off. Your employer has to figure out if your condition qualifies for both protections. In many cases, you could be entitled to both reasonable accommodations under the ADA and medical leave under the FMLA at the same time.
ADA and California Fair Employment and Housing Act (FEHA)
In California, the Fair Employment and Housing Act (FEHA) gives more protections than the ADA. The FEHA covers more businesses because it applies to those with five or more employees, while the ADA applies to businesses with 15 or more employees. The FEHA also requires your employer to work with you in good faith to find reasonable accommodations. Your employer must follow both the ADA and FEHA, using whichever law gives you more protections.
Interaction with workers’ compensation laws
Workers’ compensation laws also connect with the ADA if you get hurt at work and end up with a disability. Your employer might need to provide accommodations under the ADA once you are ready to return to work, even if you are still recovering. California law also requires employers to offer modified or alternative work if it is available, which matches the ADA’s rules for reasonable accommodations.
Your employer needs to carefully follow the ADA, FMLA, FEHA, and workers’ compensation laws. It is important to understand how these laws work together and know that the law that supports your rights must be applied.