Week4 Question1 (Second classmate) Vi Below this is what he/she answered from the question : What are the distinctions between the family and Medical Leave Act (FMLA) and the ADA with regard to an employee who wants to take time off due to a medical condition? So you need to respond from his/her answer ( YOU DO NOT NEED TO ANSWER THE QUESTION) just respond and add YOUR THOUGHTS150250 words remember to give thoughts and agree This is his/her answer: The Family Medical Leave Act allows an eligible employee to take 12 work weeks of leave during any 12 month period. It was previously passed primarily for job security in response to female employees' concerns. Over the course of years, it has changed to protect many other things. FMLA covers private employers with 50 or more employees. An example of when an employee would take FMLA is for pregnancy because this event would not be included under the ADA. The employee is to take my off knowing that they will return to the same or equivalent position. The following situations will be protected by the Family Medical Leave Act: 1. Giving birth and caring for the child after birth 2. Adoption or foster care 3. To care for an immediate family member who has a serious health condition 4. Employee's own serious health condition The Americans with Disabilities Act applies to private employers with 15 or more employees. It does not identify a certain amount of time off of work. When the employee goes on a leave, the employee may request for additional time off. ADA is slightly broader. Pregnancy would not be covered under ADA. ADA requires employers to make accommodations for the employees when they return or while they are at work. Depending on the situation, hey will have to remove the barriers of access. For example, if an employee hurts her back and can no long sit for a long period of time, she may have to use a computer desk that can allow her to adjust the height. With that kind of desk, she is able to sit or stand throughout her worktime. In this case, an employee who wants to take time off due to a medical condition may qualify under the FMLA to take time off. The employee shall take all of their vacation time first and then take time off without the fear of losing his/her job. When the employee returns to work, he/she will resume to the same or equivalent job prior to their leave. References: Employement Law for Business textbook by Dawn D. Bennett Alexander and Laura P. Hartman FOR YOUR INFORMATION Below this is my answer: The Family and Medical Leave Act (FMLA), was signed as a federal law in the United States of America in 1993. ADA which stands for Americans with Disabilities Act, was signed in 1990 in the United States of America to fight against discrimination of people with disabilities in employment. The major differences between the two laws depend on the leave is being requested for one self's health problem or if the leave is required to give attention to a family member who has health problems (Nimisha, 2012). FMLA allows employers to require written certification from health provider so as to validate the medical leave being requested by an employee. On the other hand, ADA prohibits employers from contacting any kind of medical examination on employees with disabilities and forbids them from inquiring the level of severity of the disability that an employee has, unless the disability is job-related (Nimisha, 2012). FMLA leave can be applied by an employee for his or her own serious health problem. FMLA also mandates jobprotected leaves for employees who want to take time off to care for seriously ill family members, who may include; spouse, son, daughter or a parent. ADA leave can only be applied for by an employee for his own medical problem, and not for any other family member (Nimisha, 2012). FMLA can only be applied by an employee of a business that has more than 50 employees within 75miles of the worksite. On the other hand, ADA leave can be applied for an employee of a company that has more than employees and there is no geographical requirements (Nimisha, 2012). In FMLA, the employee is reinstated to his original position after the leave. However, if the employee is unable to perform the job, he or she can be terminated. In ADA, the employer is required to reinstate the employee to his or her original position. If not reinstated, the employee is mandated to be reassigned a vacant position whether he or she is the best for that position or not. FMLA allows employee to apply for a medical leave that cannot exceed 12 weeks, while in ADA there are no time limitation for when an employee applies for a leave (Nimisha, 2012)