An employer should run FMLA leave and other leave/accommodation entitlements concurrently. Assuming the employee’s condition qualifies as a serious health condition under the FMLA, FMLA leave should be applied (assuming the employee qualifies, and the employer is an FMLA-covered employer). To the extent that the employee needs a non-leave accommodation or additional leave after FMLA leave has exhausted, the employer should engage in an interactive process with the employee to determine whether a reasonable accommodation under the ADA can be provided.
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FAQ Fridays
We have an employee with a lifelong medical condition who needs periodic (nonconsecutive) time off work. Given that this is a lifelong condition, would we process this as an accommodation under the ADA or intermittent leave under the FMLA?
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