b'Life with MSAADDAAaannddFFMMLLAA HHoowwtthheeyyddiiffffeerr,,oovveerrllaapp,,aannddsshhoouullddbbeeaapppprrooaacchheeddaannddaapppplliieeddBy Kara Skroupa Working while disabled? Need a little helpbut full-time employees under IRS guidelines. to keep working? Do you need the ADA? DoNotably, the ADA does not require an employee you need FMLA? How do you know?to have worked a minimum number of days In the United States, two major federalprior to eligibility, unlike the FMLA. If you are laws help those in the disabled communitydisabled and work at a larger company with navigate the workforce: the Americans withat least 15 employees, then the ADA applies.Disabilities Act and the Family and MedicalTTaakkiinngglleeaavveeLeave Act. While both pieces of legislationBut what about FMLA? When does that provide protection and guidance to those inapply and to whom? On the heels of the ADA, theMScommunity,theyaredistinctlawsthe FMLA became federal law in 1993. While with different thresholds to trigger protection.the ADA focused on protecting workers with Although both the ADA and FMLA can bedisabilities, the FMLA allows workers to take used in conjunction with one another and bothleave, whetherpaidorunpaid,forcertain allow for job-protected leave, their requirementsqualifyingconditionsforupto12weeks. and protections differ. Confused yet? LetsMost people know that FMLA can be used to break it down further.care for a sick family member, for the birth P or adoption of a child, and for military-related PrrootteeccttiinnggwwoorrkkeerrssIn 1990, the ADA became the law of the land.absences, but FMLA can also be used for workers It was designed to eliminate discriminationto care for themselves in times of illness or against individuals with disabilities in thedisability. It differs from regular sick leave or workplace, public accommodations, publicpaid time off, as it covers individuals with transportation, and telecommunications.chronic conditions or impairments that linger. Specically, the ADAs employment provisionsAdditionally, FMLA covers individuals with physical and mental conditions.provide protection for workers with disabilities.Employee eligibility for FMLA is stricter In this context, a disability is dened as a physicalthan that of the ADA. In order to qualify, an or mental impairment that substantially limitsindividual must have worked at least 1,250 one or more major life activities. It is importanthours in the past year, been employed for at to note that the denition of what constitutesleast a year, and work at a location with at a disability under the ADA differs from theleast 50 employees in a 75-mile radius. If the definition of disability used by the SocialFMLA is approved, an individual does not Security Administration. necessarily need to take the 12-week hiatus Beyond requiring the existence of a disability,all at once, and in fact, intermittent FMLA is the ADA only applies to employers with 15 ormorecommon.FMLA-eligibleemployees more employees, not independent contractors,often take unpaid, protected leave in separate msfocusmagazine.org 12'