Did You Know? Intermittent ADA Does not Exist!

Elga Lejarza-Penn

Here is the scenario, a qualified individual with a disability needs intermittent FMLA. However, either the employee has run out of FMLA or the employee has not met the eligibility requirements for FMLA. The employer tries to provide a reasonable accommodation by granting “Intermittent ADA”. The problem here is that there is no such thing as “Intermittent ADA”! Erratic, unpredictable absences such as allowing an employee to come in and leave at any time is not a reasonable accommodation as per the Americans with Disabilities Act (ADA).

If you would like to learn more about the Family and Medical Leave Act (FMLA) and Americans with Disabilities (ADA) as well as laws that that do or could impact you as an HR Professional while earning continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Law and Investigation Techniques.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.

However, let’s say the employee is not eligible for FMLA yet or ran out of FMLA and needs to leave 2 hours early on Tuesdays and Thursdays because of AA meetings or to receive therapy due to severe depression. In these cases, working reduced hours will be a reasonable accommodation. The difference is that their schedules won’t be unpredictable. Allowing a leave of absence for 2-3 months as long as it does not cause undue hardship to the company is also another option for a reasonable accommodation.

Always remember that our obligation to comply with ADA is to engage in the interactive process and look for ways to remove the obstacles and barriers preventing the individual from performing the essential functions of the job. You need to comply with this requirement if you have at least 15 employees and you need to provide a reasonable accommodation which means an effective but does not necessarily mean a “perfect” accommodation. Again, as long as it does not create an undue hardship to the company. “Failing to engage in the interactive process with a disabled employee is illegal”

If you would like to learn more about the Family and Medical Leave Act (FMLA) and Americans with Disabilities (ADA) as well as laws that that do or could impact you as an HR Professional while earning continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Law and Investigation Techniques.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.

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