How do key leave concepts compare between the FMLA and the ADA?

Leave entitlement

ADA: An employee who needs leave related to a disability-a substantial impairment to a major life activity-will be entitled to leave if:

1. there is no other effective reasonable accommodation, and

2. the leave will not cause the employer undue hardship.

FMLA: An employee is entitle to a maximum of 12 weeks of leave per 12-month period for pregnancy, birth or adoption, or a serious health condition of the employee, child, or parent.

Paid and unpaid leave

ADA: The employee should be allowed to use any accrued paid leave first, but if that is insufficient to cover the entire period, then the employer should grant unpaid leave.

FMLA: The employee should be allowed to use any accrued paid leave first, but if that is insufficient to cover the entire period, then the employer should grant unpaid leave.

Health insurance

ADA: The employer must continue the employee's health insurance benefits during the disability leave period if it does so for other employees in a similar leave status.

FMLA: The employer must continue the employee's health insurance coverage during the leave period, providing the employee pays the employee's share of the premiums.

Position upon return

ADA: The employer must allow a qualified employee to return to the same position-with or without reasonable accommodation-assuming that there was no undue hardship to the employer in holding it open.

FMLA: The FMLA guarantees the right of the employee to return to the same position or to an equivalent one.

Reassignment

ADA: If it is an undue hardship for the employee's position to be held open during a period of leave, or the employee is not longer qualified to return to the original position, then the employer must reassign the employee-absent undue hardship-to a vacant position for which the employee is qualified.

FMLA: The FMLA does not talk about reassignment.