When a Leave Request Becomes an FMLA, ADA or Pregnancy Accommodation Issue

Employer obligations can arise from an informal request. An employee does not always need to identify a particular statute or use formal language. For that reason, supervisors and HR professionals must be able to recognize when a request may require further review, notices or an accommodation process.

Intermittent leave requires consistent administration. When absences recur, certifications are incomplete or attendance becomes a concern, employers must distinguish protected leave from unprotected absences and document each decision without penalizing employees for exercising protected rights.

Overlapping laws can impose distinct obligations. The FMLA, the ADA, the Pregnant Workers Fairness Act and other applicable laws each carry their own requirements, so eligibility under one law does not necessarily resolve the employer's obligations under another.

Exhaustion of FMLA leave does not necessarily conclude the employer's accommodation analysis. An employee may still be entitled to additional accommodation, so before finalizing a decision the employer should consider applicable medical restrictions, essential job functions, reasonable accommodations and undue hardship.

High-risk personnel decisions call for careful review. Discipline, termination, layoffs and changes in duties involving employees who have requested leave or accommodation should be examined for timing, documentation and the potential for interference or retaliation claims.