With Nebraska and South Dakota both hosting their state business officials conferences this week, we figured there’s no better time to dive into two of every school business manager’s favorite acronyms—FMLA and ADA. These laws show up often in school settings, and it’s usually up to business managers to spot where they apply and make the right call. But as you probably know, the FMLA and ADA don’t always play nice together, and the overlap can be tricky.
Understanding FMLA Obligations
Quick refresher - The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. As we approach the end of the school year, don’t forget there are special FMLA rules which apply to instructional staff. The DOL posted a fact sheet about this topic here. Here is a hypothetical scenario we created to demonstrate how this works:
Amanda, a high school science teacher, notified her principal on March 1 that she needs to take FMLA leave for surgery scheduled on April 1. Her recovery is expected to take six weeks, which means she would return to the classroom on May 14. Classes for the school year end on May 23.
Because Amanda is an instructional employee requesting leave more than five weeks before the end of the term and will be out for more than three weeks, the district has the option to require her to continue her leave through the end of the academic term. Under FMLA's special rules for instructional employees, this helps minimize disruption to students and allows the district to ensure continuity in classroom instruction.
In this case, the district determines that it would be less disruptive to place a long-term substitute in the classroom for the remainder of the term. They notify Amanda that her FMLA leave will be extended through May 23, even though she may be medically cleared to return earlier. This is permissible under the FMLA’s instructional staff provisions, as long as it is clearly communicated and documented.
ADA and Reasonable Accommodations
Under the ADA, employers must provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship. A recent school district case from the state of Virginia (Jordan v. School Board of the City of Norfolk, 640 F.Supp. 3d 431 (E.D. Va. 2022)) highlights the importance of understanding what constitutes a reasonable accommodation. In this case, a school principal's request to work remotely due asthma and restrictive lung disease was denied, with the court ruling that physical presence was an essential function of her role as a principal. (Double-check your job descriptions!)
Interplay Between FMLA and ADA
There are scenarios where both FMLA and ADA considerations apply. For instance, an employee may exhaust their FMLA leave yet still be entitled to additional leave as a reasonable accommodation under the ADA. Schools must assess such situations carefully to ensure compliance with both statutes.
Best Practices for Administrators
Proactive Communication: Maintain open lines of communication with employees. Remember - employees do not have to utter “magic words” requesting leave under the FMLA or an accommodation under the ADA.
Documentation: Keep thorough records of all leave requests, accommodations, and related communications.
Training: Ensure business managers, bookkeepers, and supervisors are well-versed in FMLA and ADA requirements.
If this blog post makes you worried that you or your principals may be lacking on FMLA or ADA training, we have good news! This week we are launching two on-demand video series to help school administrators - one for the ADA and one for the FMLA. The videos are quick 20 minute on-demand content to help train your team on how to recognize and respond to requests. The FMLA series also includes a handy flowchart which works through the special rules for instructional staff. To register or request more information, click here. If you have any questions regarding ADA or FMLA compliance, send us all an email at ksb@ksbschoollaw.com.