Doesn't ADA cover this?

[dontfeedthebull]

What is the name of your state?Utah

I have a disability that is covered under the ADA laws. Suddenly my employer wants me to go on intermittant FMLA to "protect" me. I do not abuse any leave time, have never gone into leave without pay. I do not use any more time that my co-workers, and actually use less than a handfull of them. I need to save my FMLA rights for a possible surgery in 6 months. I will need every hour that FMLA allows for this surgery. Doesn't ADA allow protected intermittant leave? No other employees that have disabilities have ever been required to go on forced FMLA. My management do not feel this is needed and have been fighting with HR. Yet HR keeps pressing the issue stating it will protect me, they told management it is to protect their budget. Please help!

 

[cbg]

There is no provision anywhere in the ADA for protected leave time. The ADA is focused on keeping you working, not on keeping you out of work.

In SOME situations, a SHORT leave can be considered a reasonable accomodation. However, nothing in the ADA says that an employer is required to give you protected leave. Nor does anything in the law say that if you are granted a leave as an ADA accomodation, it can't be considered FMLA. It very well can.

You have not provided even remotely enough information to say whether or not it is reasonable to expect you to be taking FMLA. IF (and I am not saying they do; I simply do not know) your absences qualify for FMLA, your employer is REQUIRED to apply it, regardless of whether or not you want to "save" it for a future event. You are entitled to only so much FMLA per year and if you use it up, that's just too bad.