The length of an employee’s medical leave of absence can include
considerations under the Family and Medical Leave Act and the Americans
With Disabilities Act and state equivalent laws, if any. Although both
federal laws may be implicated, the FMLA and the ADA differ in terms of
their purpose, coverage, and requirements. It is well-settled now that the
FMLA permits eligible employees to take up to twelve weeks of unpaid leave
for a serious health condition that makes the employee unable to perform
the essential functions of their job.
