Employers are grappling with the complexities of managing medical leave and health-related accommodations as legal requirements evolve. The landscape is shaped by varying federal, state, and local laws, compelling human resources professionals to navigate compliance obligations while meeting operational needs.
Understanding Legal Obligations
Helen Bloch, an attorney specializing in employment law, highlights that the legal obligations employers face largely depend on their size and the location of their workforce. For instance, employers with 15 or more employees must adhere to the Americans with Disabilities Act (ADA), while those with 50 or more employees within a 75-mile radius are required to comply with the Family and Medical Leave Act (FMLA). Smaller employers might find themselves subject to a patchwork of state and local regulations, including municipal human rights ordinances. Bloch advises employers to assess all applicable jurisdictions to ensure compliance, especially those operating in multiple states.
Amit Bindra of the Prinz Law Firm elaborates on the FMLA, which entitles eligible employees to up to 12 weeks of unpaid, job-protected leave. To qualify, employees must have worked at least 1,250 hours during the previous 12 months for a covered employer. Acceptable reasons for leave include serious health conditions affecting the employee or a family member, childbirth, adoption, or military family leave.
Intermittent Leave and Reasonable Accommodations
Determining what constitutes a serious health condition can be nuanced. Conditions requiring inpatient care or ongoing treatment by a healthcare provider qualify, while ordinary illnesses typically do not. Intermittent leave is permitted for medical reasons, but employers must consent to it. In situations where the FMLA does not apply, the ADA may still require employers to consider unpaid leave as a reasonable accommodation for qualifying disabilities, provided it does not impose undue hardship.
Although FMLA leave is unpaid, Bindra points out that other forms of compensation, such as short-term disability, paid time off (PTO), and workers’ compensation, may overlap with FMLA leave. Employers can require employees to use accrued PTO alongside FMLA leave, provided their policies are communicated clearly and applied consistently. State laws may also impose limitations; for example, in certain jurisdictions, workers’ compensation benefits may replace wages during medically-related leave, and employers may not be able to supplement these with PTO unless permitted by state law.
Employers have specific obligations under the FMLA, including:
– Issuing general and specific notices to employees about their rights and responsibilities.
– Maintaining group health insurance during the leave under the same conditions as if the employee had not taken leave.
– Restoring the employee to the same or an equivalent position upon return, unless exceptions apply.
– Keeping accurate records of leave time, certifications, and communications.
Compliance requires that employees provide timely notice of their need for leave and submit medical certifications as requested.
Max Barack, a partner at Garfinkel Group, LLC, explains that medical inquiries, such as temperature checks or exposure questions, are permissible if uniformly applied and job-related. These measures may be necessary in response to health threats like communicable disease outbreaks. Employers must also establish clear return-to-work protocols and avoid overly restrictive exclusion policies.
While the COVID-19 pandemic highlighted issues such as mandatory vaccinations, the legal framework remains rooted in established ADA principles. Bloch notes that employers may mandate vaccinations if they are job-related and necessary, but they must accommodate employees who decline vaccination for medical reasons or sincerely held religious beliefs unless it results in undue hardship. Bindra emphasizes the importance of evaluating the sincerity of such beliefs and the feasibility of accommodations on a case-by-case basis.
Ultimately, the FMLA and ADA aim to create a more equitable work environment while allowing employers to maintain operational integrity. Though compliance can be challenging, particularly when multiple laws intersect, keeping policies up to date and fostering transparent communication are vital steps for employers.
For further insights on managing medical leave and employee health issues, readers may refer to additional articles on human resource topics. This article was originally published by DailyDAC, LLC in 2025.
